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answer due-reading but new to this


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1. Who is the named plaintiff in the suit?

MSW Capital, LLC

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?
13k

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

Chase

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

Served

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

mail

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

yes

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?
none

9. What state and county do you live in?
IN

 

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

Over three years

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

Six IN Three DE where Chase is

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).
answer needs to be filed

 

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No. 

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.

No. do not check credit

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? 
days

 

1. The plaintiff is a limited liablity company organized pursuant to the law of a state other than IN

2. Defendant is believed to be resident of X County IN

3. Original credit grantor is Chase-Wamu, who sold or assigned defendants debt and the plaintiff purchased same for valuable consideration.

4. Defendant is in default for failure to pay the plaintiff and the original credit grantor.

5. Defendant is indebted to Plaintiff on an outstanding balance of $ plus interest and court costs. 

6. Demands for payment have been made upon the defendant. 

 

Plaintiff demands judgement against defendant

 

No questionnaire

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.
Affidavit of Debt by Lawrence Whipple Jr. of MSW;

Copy of a Chase statement from 1/2011;

Bill of Sale and Assignment from Main Street Acquisition Corp to MSW Capital, LLC sgined by Brett Samsky stating -

"This Bill of Sale and Assignment (this "assignment"), dated as of June 30,2011, is executed by Main Street Acquisition Corp., a Nevada Corporation (the "seller"), in favor of MSW Capital,LLC, a Flordia Limited Liability company (the "purchaser"). Except as otherwise defined herein, all capitalized terms used in this Assignment shall have the respective meanings ascribed to such terms in that certain Purchase and Sale Agreement, dated as of April 15,2011 (the "Agreement"), by and between the Seller and the Purchaser. 

 

For value received and subject to the terms and conditions of the Agreement, the Seller hereby transfers, sells, assigns, conveys, grants, bargains, sets over, and delivers to the Purchaser, and to the Purchaser's successors and assigns, all of the Seller's rights, title and interest in and to the Purchased Accounts and any claims arising out of the Purchased Accounts described in the Agreement and contained in the Sale File provided to the Purchaser on June 30,2011.

 

This Assignment is executed without recourse and without representations or warranties including: without limitations, warranties as to collectibility, except as otherwise provided in the Agreement."

 

Done in State of Georgia County of Gwinnett witness of Notary info June 30,2011

 

Then following is page with Chase on it stating-

Bill of Sale

Closing Date 6/29/2011

"Chase Bank USA, N.A. ("seller"), for the value received and pursuant to the the terms and conditions of Credit Card Account Purchase Agreement dated 10/12/2010 between Chase Bank USA, N.A. and Main Street Acquisition Corp. ("Purchaser"), its successors and assigns ("Credit Card Account Purchase Agreement") hereby assigns effective as of the File Creation Date of 6/23/2011, all rights, title and interest of Seller in and to those certain receivables, judgements or evidence of debt described in the Final Data File, entitled (Account's Primary File Name) attached hereto and made part hereof for all purposes. 

 

Number of Accounts: 8842

Total  Unpaid Balances $33 Million plus

Premium Blacked out

Due Seller Blacked out

 

Amounts due to Seller by Purchaser in hereunder shall be paid U.S. Dollars by a wire transfer to be received by Seller on the "Closing Date" 6/29/2011 by 2:00 p.m. Seller's time, as follows:

 

Chase Bank USA, N.A.

blacked out

Beneficiary Name: Chase Bank USA, N. A.

Beneficiary Account blacked out

 

This Bill of Sale is executed without recourse except as stated in the Credit Card Account Purchase Agreement. No other representation of or warranty of title  or enforceability is expressed or implied.   

Signed by both parties 

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When is your answer due?

 

I don't know your rules of civil procedure for IN, you can google them.  Look them up then look under answering the lawsuit.  some states you must answer each numberd allegation, other states you can use a general denial.  That is the place to start, get it answered, then you can proceed to debunking there claims. Hopefully someone from INdiana will be along soon, but start by finding out if you can use a general denial.

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Looks like you can use a general denial.

 

(B)   Defenses: Form of denials. A responsive pleading shall state in short and plain terms the pleader’s defenses to each claim asserted and shall admit or controvert the averments set forth in the preceding pleading. If in good faith the pleader intends to deny all the averments in the preceding pleading, he may do so by general denial subject to the provisions of Rule 11. If he does not intend a general denial, he may:

(1)    specifically deny designated averments or paragraphs; or

(2)    generally deny all averments except such designated averments and paragraphs as he expressly admits.

If he lacks knowledge or information sufficient to form a belief as to the truth of an averment, he shall so state and his statement shall be considered a denial. If in good faith a pleader intends to deny only a part or a qualification of an averment, he shall specify so much of it as is true and material and deny the remainder. All denials shall fairly meet the substance of the averments denied. This rule shall have no application to uncontested actions for divorce, or to answers required to be filed by clerks or guardians ad litem.

©   Affirmative defenses. A responsive pleading shall set forth affirmatively and carry the burden of proving: accord and satisfaction, arbitration and award, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, lack of jurisdiction over the subject-matter, lack of jurisdiction over the person, improper venue, insufficiency of process or service of process, the same action pending in another state court of this state, and any other matter constituting an avoidance, matter of abatement, or affirmative defense. A party required to affirmatively plead any matters, including matters formerly required to be pleaded affirmatively by reply, shall have the burden of proving such matters. The burden of proof imposed by this or any other provision of these rules is subject to the rules of evidence or any statute fixing a different rule. If the pleading mistakenly designates a defense as a counterclaim or a counterclaim as a defense, the court shall treat the pleading as if there had been a proper designation.

(D)  Effect of failure to deny. Averments in a pleading to which a responsive pleading is required, except those pertaining to amount of damages, are admitted when not denied in the responsive pleading. Averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or avoided.

 

check your courts website, they may have a form you can fill out for a general denial, or did they send you a form with the summons for you to fill out?

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Ok you have a little bit of work. Google your states rules of civil procedure statutes. Then search those for statutes of limitations, in there you should find the rule about IN being a borrowing state. It just means if it is time barred in the state where default occurs, then it is trimmed barred in IN.

Do you have Microsoft Word? You can make your own pleading paper. I made one and saved it blank so I would have it in the future. Make it look just like the summons, only where they say summons, you put answer to summons, or complaint.

Then read another thread where someone has an answer posted so you get an idea of what to write, but basically you are going to deny each allegation.

Sign it and at the bottom put a space that verify you sent it to the plaintiff, then file one with the court, and mail certified return receipt requested to the plaintiff.

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MY court name here

plaintiff name

plaintiff

vs

defendant name

defendant

case #

DEFENDANT’S ANSWER AND AFFIRMITIVE DEFENSES TO PLAINTIFFS COMPLAINT

COMES NOW the defendant MY NAME, Pro se (hereinafter referred to as"defendant"), submits Defendant’s Answer and Affirmitive Defenses to Plaintiffs' Complaint for "Defendant is indebted to Plaintiff on an outstanding balance of $ plus interest and court costs." ("Complaint") as follows:

 

The allegations of plaintiffs complaint.

 

1. The plaintiff is a limited liablity company organized pursuant to the law of a state other than IN

1. Answer: Defendant As and for its response to paragraph 1 of Plaintiffs Complaint, Defendant lacks information sufficent to form a belief as to the allegations of said paragraph, and therefore deny the same,putting Plaintiff to their proof thereon.

 

2. Defendant is believed to be resident of Morgan County Indiana.
Answer: Paragraph 2 of the Complaint Defendant admits he is a resident of Morgan County Indiana,but does not have the information or knowledge to allow him to answer further.

 

3. Original credit grantor is Chase-Wamu, who sold or assigned defendants debt and the plaintiff purchased same for valuable consideration.

Answer: Defendant As and for its response to paragraph 3 of Plaintiffs Complaint, Defendant lacks information sufficent to form a belief as to the allegations of said paragraph, and therefore deny the same,putting Plaintiff to their proof thereon.

 

4. Defendant is in default for failure to pay the plaintiff and the original credit grantor.

Answer: Defendant As and for its response to paragraph 4 of Plaintiffs Complaint, Defendant lacks information sufficent to form a belief as to the allegations of said paragraph, and therefore deny the same,putting Plaintiff to their proof thereon.

 

 

5. Defendant is indebted to Plaintiff on an outstanding balance of $ plus interest and court costs.

Answer: Defendant As and for its response to paragraph 5 of Plaintiffs Complaint, Defendant lacks information sufficent to form a belief as to the allegations of said paragraph, and therefore deny the same,putting Plaintiff to their proof thereon.

 

6. Demands for payment have been made upon the defendant.

Answer: Defendant As and for its response to paragraph 6 of Plaintiffs Complaint, Defendant lacks information sufficent to form a belief as to the allegations of said paragraph, and therefore deny the same,putting Plaintiff to their proof thereon.

 

As to all remaining allegations of fact in the numbered or unnumbered ¶ 1 through ¶ 6 of the complaint not specifically admitted, Defendant denies all such allegations. As to all remaining allegations which call for a legal conclusion, Defendant lacks sufficient knowledge or expertise to respond to such legal conclusions and, therefore, denies them.

 

 

"Defendant is indebted to Plaintiff"
Defendant hereby incorporates his responses stated above as if fully set forth under
Count 1 of Plaintiffs Complaint.

 

AFFIRMATIVE DEFENSES
By and for his Affirmative Defenses, Defendant states:

 

First Affirmative Defense
1. Plaintiffs’ Complaint fails to state a claim upon which relief may be granted against defendant;

 

 

Second Affirmative Defense
2.Statute of limitations;

 

Third Affirmative Defense
3.Plaintiff is not the legal holder of the alleged debt and therefore is not the real party in interest; this action should be dismissed for lack of standing;

 

Forth Affirmative Defense
4.Plaintiff’s complaint is not properly verified and is not grounded in fact because it does not exhibit the alleged contract the debt is based upon, a valid statement of account, nor any valid assignment that gives Plaintiff legal title to the claim;

 

Fifth Affirmative Defense
5.Plaintiff in filing this Complaint has not produced a copy of the executed agreement;

 

 

Sixth Affirmative Defense

6.Defendant reserves the right to plead additional defenses (or cross-claims or counter claims) that may be identified during the Defendant's investigation and/or course of discovery;

 
Seventh Affirmative Defense

7. The plaintiff may have failed to properly and timely serve the defendants such that this court lacks jurisdiction over them;

 

Eighth Affirmative Defense

8.The injuries and damages of the plaintiff, if any, were caused by the actions of the plaintiff and/or persons other than the answering defendant;

 

Ninth Affirmative Defense

9.The plaintiff has failed to mitigate his damages;

 

Tenth Affirmative Defense

10.Defendant pleads the Affirmative Defense of caveat emptor;

 

Eleventh Affirmative Defense

11.The injuries of which Plaintiff Complaints are a direct result of Plaintiff’s own actions or inactions;

 

Twelfth Affirmative Defense

12.The Defendant denies the lawsuit in its entirety and owes Plaintiff nothing.


WHEREFORE having fully answered the Plaintiff's Complaint this Defendant prays that this Court find judgment for Defendant, deny Plaintiffs’ request for relief, deny Plaintiffs’ request for damages, deny Plaintiffs' request for costs, deny Plaintiffs’ request for attorney’s fees and deny Plaintiffs' request for any relief whatsoever. Defendant further prays that this Court hold that Defendant is the prevailing party, and dismiss Defendant with prejudice.

 

 

 

respectfully submitted,


my name here
Defendant,
address
phone

 

 

If you think you will not be able to plead the Affirmative Defenses take them out of the answer.

Affirmative Defenses are A new fact or set of facts that operates to defeat the claim.

Use the internet to study the defenses one at a time that were raised in your answer.

 

Hope this helps you.

RC

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  • 1 month later...

next round

 

Amended complaint with card statement copies only going back to July 2009. Scans 3-5.

Chase took over Wamu by the beginning of 2009.

 

Scan 6 is bad copy presented by plaintiff of Chase card  agreement dated 2010.

 

Scan 10 is original card agreement from Chase 2010. Scan 11 is original card agreement from Chase 2009 when purchased Wamu.

 

Scans 7-9 are supposed proof by plaintiff that it is the owner of a debt I supposedly have. Fraud if we could investigate it we can be sure.

Scan0003.pdf

Scan0004.pdf

Scan0005.pdf

Scan0006.pdf

Scan0007.pdf

Scan0008.pdf

Scan0009.pdf

Scan0010.pdf

Scan0011.pdf

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