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Being sued by Razor Capital in California


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Paragraphs 5 and 6 were not checked, therefore is it safe to assume that I am not required to supply an answer to them?    If I am required to answer them, should I write "N/A" after the paragraph number?

 

For the sake of continuity and for other who may be following along I have attached Paragraphs 5 and 6...

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The first 3 paragraphs of the compliant are basic info.  I have attached here in case others are seeing this for the first time and would like to compare to their own summons.  As you can see I have admitted to 1) Who the plaintiff and defendants are, 2) There are 4 pages (2 Complaint Contract, 1 Cause of Action and 1 Verification) and 3) The plaintiff is not a competent adult, but rather a corporation or limited liability company.*

 

*Should I admit this.  I personally have no idea if they are who they say they are.

 

Here is the attachment for paragraphs 1-3...

 

attachicon.gifComplaint123.jpg

You are just admitting that they are not a competent adult, not so much as their business model, so this is something (and one of the few things)you would admit.

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Paragraph 4b states the true names of the defendants are unknown to plaintiff.  I am immediately baffled on how to respond to this because the only credit cards that I had were for my use only and I did not have employees or anything they mention in the allegation.  But I understand this is a formality for them to cover all thier bases, but I'm still confused if I should simply admit to this one and move on or should I deny it.  And if I do deny it, what would be my reasoning? 

 

Paragraph 4 is attached here...

 

attachicon.gifParagraph4.jpg

I would just ignore that one, it is OK to admit it. They are talking about DOES (possible people they may find out later that should be added to the suit) not a big deal. Any paragraph you skip and do not file a response to has the same effect as admitting it (that is why it's so important to not miss anything) you don't have to say that you admit that paragraph, you can just skip over it.

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Paragraphs 5 and 6 were not checked, therefore is it safe to assume that I am not required to supply an answer to them?    If I am required to answer them, should I write "N/A" after the paragraph number?

 

For the sake of continuity and for other who may be following along I have attached Paragraphs 5 and 6...

Ignore it.

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Paragraphs 5 and 6 were not checked, therefore is it safe to assume that I am not required to supply an answer to them?    If I am required to answer them, should I write "N/A" after the paragraph number?

 

For the sake of continuity and for other who may be following along I have attached Paragraphs 5 and 6...

 

 

Correct.  N/A is fine or just move on to 7.

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The first 3 paragraphs of the compliant are basic info.  I have attached here in case others are seeing this for the first time and would like to compare to their own summons.  As you can see I have admitted to 1) Who the plaintiff and defendants are, 2) There are 4 pages (2 Complaint Contract, 1 Cause of Action and 1 Verification) and 3) The plaintiff is not a competent adult, but rather a corporation or limited liability company.*

 

*Should I admit this.  I personally have no idea if they are who they say they are.

 

Here is the attachment for paragraphs 1-3...

 

attachicon.gifComplaint123.jpg

 

 

 

For number 3:  Defendant lacks information sufficient to form a belief as to the truth or falsity of the allegations set forth in paragraph 3 and, on that basis, denies all of the allegations contained in paragraph 3 of the complaint.

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For number 3:  Defendant lacks information sufficient to form a belief as to the truth or falsity of the allegations set forth in paragraph 3 and, on that basis, denies all of the allegations contained in paragraph 3 of the complaint.

 

Sorry folks.  I had to take a few days to handle other business.  I appreciate the assistance here and in my spare time I have indeed been reading the AST Medic links as well as others.  It seems to me the answer for number 3 supplied by calawyer in previous post may be sufficient for the all my denials.  Regardless, I'm going to try and post the next few paragraphs today because I know this could help others as well.

 

Pragraph 8 is broken up into 2 parts and is the heart of their complaint.  I assume that I would respond to this allegation with only one response. Once again in this case I do not have any information to trust any of the allegations supplied by plaintiff.  I have no idea if they own the debt, I cannot confirm any amounts owed, I am not aware of which credit card they could be referring to because I no longer have these records and without these records I do not have any information about the date mentioned in complaint.

 

I have attached paragraph 8 and it's attachment...

 

 

 

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post-121129-0-56527300-1372341499_thumb.

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Now that I have read paragrapgh 9 again, I realized this pertains to the ownership of the debt and mentions that I was informed about the actions that would result.  Once again I beleive the answer supplied by calawyer seems appropriate as I stated in previous posts that I have no knowledge of the true owner of this debt nor do I admit any correspondence with anyone on this matter.

 

"Defendant lacks information sufficient to form a belief as to the truth or falsity of the allegations set forth in paragraph 9 and, on that basis, denies all of the allegations contained in paragraph 9 of the complaint."

 

I have attached paragraph 9...

 

post-121129-0-59685800-1372342227_thumb.

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Paragraph 10 appears to be a summation of the complaint and of course I will be denying this as well by using the same response as paragraph 8 & 9.

 

Here is paragraph 10...

 

post-121129-0-51163200-1372342595_thumb.

 

 

The final paragraph (#11) was not checked and I assume that can be skipped over.

 

Paragragh 11...

 

post-121129-0-74963100-1372342777_thumb.

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That's it as far as the summons goes. No evidence was attached.  I don't even see a court date listed anywhere in the document. 

 

What other information might I need to include in my answer?

They will send you the court date. If you have any affirmative defenses or a cross complaint (not saying you do) you would add them to the answer as well. If you still have time to respond with your answer you can use it to learn, but do not be late answering the complaint.

Learn about discovery and the BOP, that's what will be next.

Also, in the complaint they checked the box that says "because an account was stated in writing between plaintiff and defendant" so hold them to that (request this writing in discovery RFPOD's). They mean that this account in writing was between you and the OC, but that is not how they pleaded, and the court is to rule on the pleadings. This will make more sense later.

Also, (I have to check your post again to know) but if they ONLY sued you under "account stated" and nothing else like "open book, etc."; then you cannot use the BOP, and you will need to do discovery instead (request for production of documents).

GOOD LUCK.

Edit. I checked you post, you were sued under open book as well, so you can send them the BOP, but learn about discovery, as you will still need to send RFPOD's later. I would ask them for the "account stated in writing between defendant and plaintiff" later as well, with a RFPOD's.

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They will send you the court date. If you have any affirmative defenses or a cross complaint (not saying you do) you would add them to the answer as well. If you still have time to respond with your answer you can use it to learn, but do not be late answering the complaint.

Learn about discovery and the BOP, that's what will be next.

Also, in the complaint they checked the box that says "because an account was stated in writing between plaintiff and defendant" so hold them to that (request this writing in discovery RFPOD's). They mean that this account in writing was between you and the OC, but that is not how they pleaded, and the court is to rule on the pleadings. This will make more sense later.

Also, (I have to check your post again to know) but if they ONLY sued you under "account stated" and nothing else like "open book, etc."; then you cannot use the BOP, and you will need to do discovery instead (request for production of documents).

GOOD LUCK.

Edit. I checked you post, you were sued under open book as well, so you can send them the BOP, but learn about discovery, as you will still need to send RFPOD's later. I would ask them for the "account stated in writing between defendant and plaintiff" later as well, with a RFPOD's.

 

The BOP I am using is very generic but covers my request.  Do you think I need there needs to be anything added to this...

 

TO PLAINTIFF, RAZOR CAPITAL LLC AND THEIR ATTORNEY OF RECORD:

 

            DEMAND IS HEREBY MADE UPON YOU pursuant to Code of Civil Procedure § 454

 

to furnish to defendant [My name], within ten days hereafter, a bill of

 

particulars setting forth the items and details of the account on which the cause of action for goods

 

sold and delivered of plaintiff's complaint is based, including  the date of each item or transaction; a 

 

description of the services, materials or goods supplied or other considerations rendered; and

 

the price or charge made for each such item or transaction.

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I am going to concentrate on my affirmative defenses at this point.  I will study up on how to write these out properly and post here when completed.  Thanks again.  You folks are the best.  I really hope this is helping others as well.  This has already been a fantastic learning experience.  Not that anybody would want to be in this position.

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At this juncture I must admit that reading so many different threads and examples about "affirmative defense" has resulted in more confusion.  First and foremost the examples of the defenses that I have found are written in as legal responses in which I can appreciate, but I am having trouble understanding the meaning of each sample and how they would relate to my case.  I understand that my first defense is that I have no knowledge or proof the Plaintiff has standing.  The only other items that come to mind are that I have no proof the dates in question nor do I have any information pertaining to what account this was or the amount of the debt that I allegedly owe them.  I don't know if I'm missing anything else here or not.  The next issue (if I use the defenses I just listed) would be how to state them properly in legal terms.  If anyone can point me in the right direction here, I would appreciate it.

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At this juncture I must admit that reading so many different threads and examples about "affirmative defense" has resulted in more confusion.  First and foremost the examples of the defenses that I have found are written in as legal responses in which I can appreciate, but I am having trouble understanding the meaning of each sample and how they would relate to my case.  I understand that my first defense is that I have no knowledge or proof the Plaintiff has standing.  The only other items that come to mind are that I have no proof the dates in question nor do I have any information pertaining to what account this was or the amount of the debt that I allegedly owe them.  I don't know if I'm missing anything else here or not.  The next issue (if I use the defenses I just listed) would be how to state them properly in legal terms.  If anyone can point me in the right direction here, I would appreciate it.

What you have listed here are more of a general denial than an affirmative defense. The fact that you have no proof the bottom feeder has standing, or the amounts or dates are correct or proven, is covered with your general denial to the complaint. By simply denying their allegations in the complaint; the burden of proving all this is on them, you don't have to assert any of this as an affirmative defense.

If you have something like SOL (I don't think you do), or you already paid the debt, something like that would be an affirmative defense. If they have already broken laws, or have been abusive; you could use "unclean hands" as an affirmative defense (you may hear that unclean hands cannot be used; but that is not true).

It may be that you do not have an affirmative defense and just deny everything. Before you answer the complaint I would check all the FDCPA laws and make sure they have not broken any, you may be able to add a cross complaint which can give you some leverage.

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Thanks Anon Amos, for getting back to me so quickly.  I think I understand now.  In my particular case, if there are no violation of FDCPA law, I should move forward and leave the "Affirmative Defense" portion of the "answer" form blank.  Is that correct?  Or should I state some sort of general denial of allegations?

 

On that note, If I am to leave this section blank, I am ready to submit my answer and BOP.  From everything I have studied up on thus far, I should make 3 copies of each.  One should be sent with "Proof of Service" certified mail to the lawyer of Plaintiff, then the second copies submitted to court and third for my own records.  Is this correct?

 

Oh, 1 more thing.  When I send the answer and BOP to plaintiff, I will get some sort of proof the mail was sent.  It is my understanding this needs to be included with paperwork submitted to court.  Is that correct?

 

Thanks

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What you have listed here are more of a general denial than an affirmative defense. The fact that you have no proof the bottom feeder has standing, or the amounts or dates are correct or proven, is covered with your general denial to the complaint. By simply denying their allegations in the complaint; the burden of proving all this is on them, you don't have to assert any of this as an affirmative defense.

If you have something like SOL (I don't think you do), or you already paid the debt, something like that would be an affirmative defense. If they have already broken laws, or have been abusive; you could use "unclean hands" as an affirmative defense (you may hear that unclean hands cannot be used; but that is not true).

It may be that you do not have an affirmative defense and just deny everything. Before you answer the complaint I would check all the FDCPA laws and make sure they have not broken any, you may be able to add a cross complaint which can give you some leverage.

 

Just to be clear and so that others are not confused either.  I should not be using any of the following "Affirmative Defenses?"

post-121129-0-81085800-1372709139_thumb.

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Thanks Anon Amos, for getting back to me so quickly.  I think I understand now.  In my particular case, if there are no violation of FDCPA law, I should move forward and leave the "Affirmative Defense" portion of the "answer" form blank.  Is that correct?  Or should I state some sort of general denial of allegations?

When you answer the complaint you are stating your general denial of all allegations by filing the general denial form (if your case allows (complaint was not verified) Or, you are filing an answer and denying each paragraph of the complaint in the answer form. I don't know that you should leave the affirmative defenses blank, or if you have any, as I don't know much about your case (I will review your thread). If you have 20 days or so before you have to answer; use that time to figure out what you may have as far as a defense or FDCPA cross complaint. The main thing is to get the answer in on time and be on record as denying the allegations, but if you do have an affirmative defense to use it.

Where it ask for affirmative defenses you could answer with: "defendant reserves the right to add affirmative defenses as they may become available (but I would not count on that happening).

 

On that note, If I am to leave this section blank, I am ready to submit my answer and BOP.  From everything I have studied up on thus far, I should make 3 copies of each.  One should be sent with "Proof of Service" certified mail to the lawyer of Plaintiff, then the second copies submitted to court and third for my own records.  Is this correct?

Correct and very important.

 

Oh, 1 more thing.  When I send the answer and BOP to plaintiff, I will get some sort of proof the mail was sent.  It is my understanding this needs to be included with paperwork submitted to court.  Is that correct?

It is possible that they may become correct at some point in time (bottom feeder denies ever having received something), but it is not something you file all the time like a proof of service would be. Save everything. In my case something as simple as an envelope became very important in proving the lawyer was lying.

 

Thanks

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Just to be clear and so that others are not confused either.  I should not be using any of the following "Affirmative Defenses?"

I don't know enough about your case to know. I would check everything to make sure that you cannot use "unclean hands", because if it applies I would want it in the answer.

If you assert an affirmative defense and you cannot prove it; it is not as big of a deal as people make it out to be. If you cannot prove it, it will usually have the same effect as if you did not assert it in the first place.

Affirmative defenses are important if you lose the case. If the plaintiff proves all the allegations against you; an affirmative defense is a reason why you still should not have to pay. Think of it like this: "Even if the bottom feeder can prove everything I should not have to pay them because......(add affirmative defense)"

For other people in this boat my opinion would be: Use the time you have to answer the complaint to learn if you have a valid affirmative defense or cross complaint (even if it is a stretch) and if you do; assert it, or add the cross complaint if you can. And if there is anyway possible that you think the affirmative defense of "unclean hands" fits your case USE IT.

Good Luck.

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I don't know enough about your case to know. I would check everything to make sure that you cannot use "unclean hands", because if it applies I would want it in the answer.

If you assert an affirmative defense and you cannot prove it; it is not as big of a deal as people make it out to be. If you cannot prove it, it will usually have the same effect as if you did not assert it in the first place.

Affirmative defenses are important if you lose the case. If the plaintiff proves all the allegations against you; an affirmative defense is a reason why you still should not have to pay. Think of it like this: "Even if the bottom feeder can prove everything I should not have to pay them because......(add affirmative defense)"

 

I found a few more examples that may have cleared things up for me when considering affirmative defenses.  Here is the first draft of my "Answer" to the complaint.  Does everything look in order here?

 

 

post-121129-0-31548100-1372715968_thumb.post-121129-0-87248000-1372715982_thumb.

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I did not use this form, but I think you should deny everything but your name and personal information. As far as affirmative defenses I used lack of standing , lack of foundation, lack of evidence .I did a written answer on pleading paper though , never been sued and found forum , after I had received help from legal aid.

I did not use a lot of affirmative defenses , but I have seen posts where plaintiff sends request for admissions or special interrogatories and ask you to explain them .

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I found a few more examples that may have cleared things up for me when considering affirmative defenses.  Here is the first draft of my "Answer" to the complaint.  Does everything look in order here?

 

 

attachicon.gifAnswerPage1.jpgattachicon.gifAnswerPage2.jpg

If it were mine; on page 1 where it says all statements are true except for the following paragraphs; I would add all the paragraph numbers you have right below it where it says you do not have enough information to form a belief. Otherwise you are saying you deny everything but you admit it is true. I have always considered this to be a bit of a trick statement.

Also, on affirmative defenses you claim SOL has run. Is this true, is the debt beyond the SOL?

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I did not use this form, but I think you should deny everything but your name and personal information. As far as affirmative defenses I used lack of standing , lack of foundation, lack of evidence .I did a written answer on pleading paper though , never been sued and found forum , after I had received help from legal aid.

I did not use a lot of affirmative defenses , but I have seen posts where plaintiff sends request for admissions or special interrogatories and ask you to explain them .

 

How did you state your lack of evidence and foundation?  I'm not sure exactly what you are referring to by foundation. It is my understanding to use as many defenses as you feel need to be proven by plaintiff, so I would like to consider these if they are applicable.  They did provide no evidence of anything at this point so I may want to add this defense for sure.

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