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Need to file answer to Summons...


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This is on a Citibank CC last paid in 2010. It is a collection agency saying they represent Citi. Complaint on contract reads...

 

1. Defendant resides and may be served at xxx address and is subject to the jurisdiction and venue of this court.

 

2. Defendant is indebted to Plaintiff in the sum of x,xxx principal on an account/contract, as shown with particularity by the documentation attatched hereto. Furthermore, Plaintiff is also entitled to recover interest at the rate provided for in the original contract or at the legal rate.

 

WHEREFOR, Plaintiff demands judgement against Defendant in the principal sum of xxx plus interest accrued in the amount of xxxx plus court costs and other such relief as the Court deems just and appropriate.

 

 

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Now, I no longer live at the address listed but do reside in the jurisdiction of the court. How should I answer?

 

Also, all they included is a statement, a Bill of Sale and Assignment from Citi to an LLC company (not the collection agency suing me) that is generic and doesn't show anything dealing with my account, and a Bill of Sale between the LLC company mentioned previously and the collection agency suing me and again not mentioning my account. That's it. Nothing more. So, how should I answer? Seems this could be beaten but I'll work on my answer today. THANKS.

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You will get more responses if you fill this out. :)

 

 

If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible):

1. Who is the named plaintiff in the suit?

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

3. How much are you being sued for?

4. Who is the original creditor? (if not the Plaintiff)

5. How do you know you are being sued? (You were served, right?)

6. How were you served? (Mail, In person, Notice on door)

7. Was the service legal as required by your state? 

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

9. What state and county do you live in?

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

11. What is the SOL on the debt? To find out: 

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or  B) 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?)

14. 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.

15. 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? 

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

17. Read this article: 

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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If you are inquiring about a the best way to sue someone, you need to answer the following questions (as much as possible):

1. Who are you suing?

2. How old is the debt?

3. If the person harrassing you about the debt is a collection agency, Is the debt being reported on your credit report?

4. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) This means you wrote or called Experian, Equifax and TransUnion.

5. Has the collection agency sent you a letter, called you on the phone? How did you learn about the collection?

6. What state are you in? 

7. What kind of debt is this? (credit car, auto loan, student loan)

8. What kind of violations do you THINK the collection agency has committed? What section of the FDCPA do you think has been violated...

============================================

By answering these questions, you will really get more help

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