LeeR Posted November 5, 2012 Report Share Posted November 5, 2012 So I am headed to court tomorrow and I could really use a little help on how to write an acceptable letter of denial. Thank you again guys in advance for all of you help!!! Link to comment Share on other sites More sharing options...
LeeR Posted November 5, 2012 Author Report Share Posted November 5, 2012 Hey guys, I know it's the weekend and traffic here is a little slow. I am just hoping to get a little help with my letter of denial.I guess my main issue is that I am supposed to go through each point/paragraph and admit or deny each one. But the paragraphs as they are written do not seem like anything that I CAN admit or deny to with the acception of paragraph 3 and possibly 4?So it seems to me my letter would be kinda like this...My info, the plantif's info and the court info at the topparagraph 3 with a denialparagraph 4 with a denialAnd that's pretty much it?Sorry to bother you guys with this, I know it's not your problem but any help would be greatly appreciated!!!! Link to comment Share on other sites More sharing options...
Coltfan1972 Posted November 5, 2012 Report Share Posted November 5, 2012 You're on the right path but it's not a "letter" of denial. It's a answer to the lawsuit. You're correct that you admit or deny each allegation. Then if you have any affirmative defenses (other than SOL you probably don't) you list those. A answer to the lawsuit is like pleading not guility in a criminal case. There is really not a lot to it. Just make sure you address each allegation and less is more. Admit or Deny and maybe a very short (like one sentence) explanation if more than admit or deny just does not cut it. Use the format they used and you will probably title it something to the effect of Defendant's Answer to Plaintiff's ComplaintThen something along the lines of-As to Plaintiff's first allegation or paragraph one, or allegation one etc...The Defendant denies or the defendant admits. Throw this in also as a catch all. Any allegation not specifically denied in which any such allegation a response is necessary, the Defendant denies. Link to comment Share on other sites More sharing options...
BV80 Posted November 5, 2012 Report Share Posted November 5, 2012 There's 5 paragraphs in the complaint. The first one is about the venue. If they are suing you in the correct court, you can admit it.The second paragraph is on or about June 12, 2012, you owed money to Cap1. If they didn't provide any cc statements, you might state that you have insufficient information to admit or deny and, therefore, deny.In paragraph 3, did they attach anything except for the affidavit? Link to comment Share on other sites More sharing options...
ArtVandelay Posted November 5, 2012 Report Share Posted November 5, 2012 Below is his post on Racecar's Answers. The law firm handling his complaint is a debt collector that supposedly handles half the cases in Hawaii. Probably a very good chance doing that kind of volume allows for lot of short cuts.At this point would it be too early for an MTC for Arbitration? Its a small amount with Cap 1 and the last payment looks like its in 2009. 1. Who is the named plaintiff in the suit? Capital One2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Marvin S C Dang Attorney At Law3. How much are you being sued forcomplaint says $920.08 but the lady from the lawfirm said its about $1200 because I have to pay their legal fees4. Who is the original creditor? (if not the Plaintiff) Capital One5. How do you know you are being sued? (You were served, right?) Served6. How were you served? (Mail, In person, Notice on door) Came to my house7. Was the service legal as required by your state? I believe so8. What was your correspondence (if any) with the people suing you before you think you were being sued? I told them that I lost my job and would try to pay the debt back when I can. This was about 3 years ago9. What state and county do you live in? Honolulu Hawaii10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) lst payment was 10/200911. What is the SOL on the debt? 6 years12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I was just told to appear in court this Monday.16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.No evidence was provided Link to comment Share on other sites More sharing options...
BV80 Posted November 5, 2012 Report Share Posted November 5, 2012 Then I'd deny paragraph #3 because it appears they didn't attach a copy of any agreement.Does anyone know if that affidavit is complete? Certain information was not filled in. This is from the VA notary handbook:The date of expiration is required and generally appears after the signature of the notary in this form: “My commission expires, _______________, 20___.”I know it's in the seal, but the handbook appears to show it's still required in writing. Link to comment Share on other sites More sharing options...
BV80 Posted November 5, 2012 Report Share Posted November 5, 2012 oops Link to comment Share on other sites More sharing options...
ArtVandelay Posted November 5, 2012 Report Share Posted November 5, 2012 Hey guys, I know it's the weekend and traffic here is a little slow. I am just hoping to get a little help with my letter of denial.I guess my main issue is that I am supposed to go through each point/paragraph and admit or deny each one. But the paragraphs as they are written do not seem like anything that I CAN admit or deny to with the acception of paragraph 3 and possibly 4?Is this everything they sent you? 1 & 5 are simple to answer. In number 2 it says see attached. What is attached?In number 3 it says attached is Exhibit 1. I'm assuming this is the affidavit at the bottom.Are their two different attachments to the complaint or are 2 & 3 referring to the same documents? Link to comment Share on other sites More sharing options...
ArtVandelay Posted November 5, 2012 Report Share Posted November 5, 2012 Hope you get together what you need for tomorrow. I'm assuming you have an early court time so get there when the doors open and ask the clerks if what you have will work. They might even help you out with the format.When you get before the judge say your honor please excuse me but I am new to this and am still a little confused. If its just a hearing then a trial date will be set and that will be it for now. If not ask the judge to grant you enough time to consult with an attorney and get prepared to defend your case. If that works out then you can come back here and decide which direction to go. Even assuming it is the original creditor suing you these lawyers do so much volume they are probably not very organized. They can be beaten if you work hard and fight.Also don't forget to check your credit report to make sure Capital One still owns this account. You can also talk to some of the more experience posters here about arbitration. If its in your credit card agreement then I would go for it, because it will cost them many times what they say you owe just to fight it.Just remember to be polite to the court employees, do not talk to the plaintiff's attorneys about the case and dress nicely. Confident but humble works best. Let us know how it goes.Good Luck Tomorrow!AV Link to comment Share on other sites More sharing options...
LeeR Posted November 5, 2012 Author Report Share Posted November 5, 2012 (edited) Thank you soooo much for the replies everyone!!The only thing I left out of the complaint was the last page and that just give the time and address as to which court I am reporting to. Other than that, you guys can see everything that I see.Can I use the things that you have pointed out to my favor tomorrow in court?EDIT: Btw, I'm not sure if this makes a difference, but that page with the missing notary info is a Xerox copied page. It is not a true embossed notary stamp. Edited November 5, 2012 by LeeR Link to comment Share on other sites More sharing options...
Coltfan1972 Posted November 5, 2012 Report Share Posted November 5, 2012 Can I use the things that you have pointed out to my favor tomorrow in court?No, we all work for Cap One and just pretend to be helping when we are really giving you information that will not work in your favor. Link to comment Share on other sites More sharing options...
LeeR Posted November 5, 2012 Author Report Share Posted November 5, 2012 Am I able to request a validation of debt during the hearing?As far as tomorrow goes, this is what I'm guessing is going to happen on my end.I am going to go early and submit my answer to the court clerk. I'll dress presentable and act humble/confident once in court.During the hearing I'll ask for a validation of debt? I'll ask about the legality of the document being that the notary did not actually sign and date the document?Is there anything else I can/should ask during the hearing?Anything I shouldn't say/ask?and I guess I'll just waute to see what happens. I'm guessing either the judge will find for the plantif, the defendant or schedule a trial?Lol, thanks again everyone, I'm just trying my hardest to not look like a complete a$$ during the hearing!!!! Link to comment Share on other sites More sharing options...
LeeR Posted November 5, 2012 Author Report Share Posted November 5, 2012 Any more last minute advise? Link to comment Share on other sites More sharing options...
ArtVandelay Posted November 5, 2012 Report Share Posted November 5, 2012 Any more last minute advise?If its just a hearing all you need to say is your honor I would like to set a date for a trial. The EndIf for some strange reason they can make this a trial Today just say your honor I request time to consult with an attorney.(continuance) This is all new to me and I am here to find out what I need to do. Debt validation is too late for you. You are NOT PREPARED to do anything else. The statement you filed should be sufficient at this time. No reason to bring up anything else. The less you say Today the better off you will be! The main thing is to buy yourself some time in order to get prepared. You can worry about the other stuff with discovery later on. Today just concentrate on getting a date in the future when you will be better prepared. Link to comment Share on other sites More sharing options...
1stStep Posted November 5, 2012 Report Share Posted November 5, 2012 Also - you want to have the affiant appear for questioning - my guess is that it will cost far more than $920 to have her fly out... Link to comment Share on other sites More sharing options...
LeeR Posted November 5, 2012 Author Report Share Posted November 5, 2012 Nice! You guys are aswome! Thank you again everyone for your advise. I'll report back on this post later today. Link to comment Share on other sites More sharing options...
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