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I wrote my answer, now what?


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Hey guys, can you check my work for me?

 

Here's the complaint as filed by the attorney for the OC:

 

 

Plaintiff, XYZ CREDIT UNION, by its undersigned attorneys, sues the Defendant(s) MY NAME, herein and alleges:

 

1. This is an action for damages which does exceed $5,000.00 but not $15,000.00 exclusive of costs, interest and attorney's fees.

 

2. Defendant requested a Visa card from Plaintiff, and Plaintiff issued a Visa card to Defendant after Defendant's request for a card.

 

3. Defendant(s) owes Plaintiff the sum of $X,XXX.XX plus interest in connection with Defendant(s)'s use of the Visa charge card under the Visa credit card plan.

 

4. Attached hereto as Exhibits "A" and "B" are a statement of account showing the current balance and a copy of the terms and conditions of the Visa credit card plan.

 

5. All conditions precedent to the filing of this complaint have been complied with by the Plaintiff.

WHEREFORE, Plaintiff demands judgment against the Defendant(s) MY NAME, in the sum of $X,XXX.XX together with interest and court costs.

 

 

 

Here's my answer:

 

 

    The Defendant, _______________ appearing In propria persona pursuant to applicable Fla.R.Civ.P. §454.18, hereby files his Answers to Plaintiff ________________________’s Complaint and states as follows:

Defendant hereby denies any and all allegations not specifically admitted herein.

1. Admitted.
2. Admitted.


3. Defendant lacks sufficient knowledge as to the alleged amount owed in Paragraph 3 of the complaint, and the Plaintiff has failed to provide a specific account number or an accounting of all transactions, charges, interest, and fees used to calculate the alleged amount owed on Defendant's account. On those grounds the Defendant hereby denies the allegations in Paragraph 3 of the complaint.

 

4. Defendant lacks sufficient knowledge of the statement of account in the Plaintiff's Exhibit “A” specified in Paragraph 4 of the complaint. Plaintiff's Exhibit “A” includes an alleged recent statement of account as proof of current balance owed by the Defendant, however, the alleged statement of account fails to provide an account number which is necessary to identify the specific account in question. Furthermore, the statement of account and alleged current balance in Plaintiff's Exhibit “A” is legally insufficient to prove the alleged amount owed since it lacks a detailed accounting of all transactions, charges, interest, and fees used to calculate the alleged current balance. On these grounds the Defendant hereby denies Paragraph 4 of the complaint.

 

5. The documents provided in Plaintiff's Exhibit “A” are insufficient to prove that the statement of account and current balance represents the Defendant's true and actual account or balance, since an identifying account number does not appear on any of the documents in Plaintiff's Exhibit “A”. Furthermore, the Plaintiff has failed to prove the amount owed since the Plaintiff failed to provide a detailed accounting of all transactions, charges, interest, and fees used to calculate the alleged amount owed. On these grounds the Defendant hereby denies Paragraph 5 of the complaint.

 

    WHEREFORE, Defendant respectfully requests judgment as follows: That Plaintiff take nothing by the complaint, which will be dismissed with prejudice.

 

 

I know that I have to file my answer with the court, and a copy to the attorney for the credit union. I also know that I have to do a "certificate of service" but I'm a little confused about this part of the process. So do I take the answer to the courthouse FIRST, file it, then send a copy CMRR to the attorney? If so, then do I take the COS back to the courthouse and file that separately?

 

Thanks!

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Hey guys, can you check my work for me?

 

Here's the complaint as filed by the attorney for the OC:

 

 

 

 

 

Here's my answer:

 

 

 

 

I know that I have to file my answer with the court, and a copy to the attorney for the credit union. I also know that I have to do a "certificate of service" but I'm a little confused about this part of the process. So do I take the answer to the courthouse FIRST, file it, then send a copy CMRR to the attorney? If so, then do I take the COS back to the courthouse and file that separately?

 

Thanks!

Your answer is this.

Quote

    The Defendant, _______________ appearing In propria persona pursuant to applicable Fla.R.Civ.P. §454.18, hereby files his Answers to Plaintiff ________________________’s Complaint and states as follows:

Defendant hereby denies any and all allegations not specifically admitted herein.

1. Admitted.

2. Admitted.

3. Defendant lacks sufficient knowledge as to the alleged amount owed in Paragraph 3 of the complaint, and the Plaintiff has failed to provide a specific account number or an accounting of all transactions, charges, interest, and fees used to calculate the alleged amount owed on Defendant's account. On those grounds the Defendant hereby denies the allegations in Paragraph 3 of the complaint.

 

4. Defendant lacks sufficient knowledge of the statement of account in the Plaintiff's Exhibit “A” specified in Paragraph 4 of the complaint. Plaintiff's Exhibit “A” includes an alleged recent statement of account as proof of current balance owed by the Defendant, however, the alleged statement of account fails to provide an account number which is necessary to identify the specific account in question. Furthermore, the statement of account and alleged current balance in Plaintiff's Exhibit “A” is legally insufficient to prove the alleged amount owed since it lacks a detailed accounting of all transactions, charges, interest, and fees used to calculate the alleged current balance. On these grounds the Defendant hereby denies Paragraph 4 of the complaint.

 

5. The documents provided in Plaintiff's Exhibit “A” are insufficient to prove that the statement of account and current balance represents the Defendant's true and actual account or balance, since an identifying account number does not appear on any of the documents in Plaintiff's Exhibit “A”. Furthermore, the Plaintiff has failed to prove the amount owed since the Plaintiff failed to provide a detailed accounting of all transactions, charges, interest, and fees used to calculate the alleged amount owed. On these grounds the Defendant hereby denies Paragraph 5 of the complaint.

 

    WHEREFORE, Defendant respectfully requests judgment as follows: That Plaintiff take nothing by the complaint, which will be dismissed with prejudice.

I am not an attorney. I am not offering any legal advice, but as I read your answer all it tells me is that this is your account and you are admitting it.

 

You  just are questioning the amount they have claimed and have opened the door to their easily proving

an amount.

 

You would fair better by using a suggestion from the web of...

 

Defendant is without knowledge or information sufficient to form a belief as to the truth of the

allegations in paragraph ( whatever) of the Complaint and therefore denies the same and puts Plaintiff to its

strictest proof thereof.....

 

For each and every point, and stay away from admissions that just challenge an amount.

 

Now, I am not a big proponent of online answers as they truly should be somewhat individual but

on thing certain is.... the only thing you ever admit to is your name, and possible address.

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You are making a fundamental error. The Answer serves to admit or deny the allegations, nothing more, nothing less. You are arguing the entire case in your answer, for which the plaintiff will be etermnally grateful, because you just gave away your whole argument. This is like sending a telegram to the enemy outlining where all your positions are. Forget "strictest proof thereof," they are lawyers and know they have to make their case. I believe that in Fla. you need to list any defenses you intend to use, or you lose the right to use them later. There are not many that apply, especially agaionst a credit union. They have good records as a rule.

 

One thing that I see is that their complaint does not state a cause of action. They just run through the facts supporting the claim, but they state no cause of action such as breach of contract or account stated. I would work on this. You cannot defend against an unstated cause of action. I'd start with a motion to dismiss based upon a failure to state a cause of action upon which relief can be granted.

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Ok, thanks. I should add that I am filing bankruptcy, but it won't be filed for a couple of weeks and I only have until the end of the week to answer. My sole purpose in answering is just to ensure that they don't get a judgment before my BK goes in and the automatic stay kicks in.

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Check the Bankruptcy Laws in your state as some might not count 'pending litigation' in the 'unsecured debt' column.  I only say this because I had to file b'ruptcy some years back and remember a list of conditions affecting whether a debt was counted as 'secured' or 'unsecured.'  You may very well be ok, but doesn't hurt to double-check.

 

Good luck!

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