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suesharon

C.C summons, anyone in Ks denied and won

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Hi, was served with a summons and ordered to answer.  I have used the form on the main site.  Easy, short and to the point.  They only have one complaint.  I am standing on the point they have no contract or my signature.  I am not versed in this at all.  Would like to fellowship with others from Ks that have done this and won.

 

The lawyer that bought this is 4 hours away from me. My clerk says if I deny they set a pre trial where they come and I get together and see if we can work it out.  Can't imagine they would come 4 hours to do this if they paid $10.00 for my account.

 

Any guidance appreciated.  Love this space to share...Thank you  

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1.    Who is the named plaintiff in the suit?  Barclay bank of Delaware
 
2.    What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)  Brumbaugh and Quandahl

3. How much are you being sued for?   $2,064.10

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

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

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

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

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?  Lincoln co Ks

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)  Around 2-14, no it is within the 3 yrs for my state I believe

11. What is the SOL on the debt? To find out:   yes 3 yrs

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 clip_image001.png looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).  I had to reply to the summons, by the 5th I did today reply with a short letter….will enclose it

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

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? 
No, this is what it claims….The defendant is indebted to the plaintiff in the amount of $2064.14 and the costs of the this action principal amount of $2064.14 interst before judgment 00 contract rate of 0% per year from charge off date interest after judgment contract rate of 0% per year, and the costs of theis action dated 2-9-15 James M Luce 11

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.  They sent a copy of the last CC statement AND IT HAS THE cc NUMBER BLACKED OUT.  Exhibit A, and a copy of the CC agreement.

17. Read this article:   I HAVE

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

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this is the letter I responded to the court with today....the clerk set a PRETRIAL for the 30th...she said I HAVE TO COME TO THE COURTHOUSE but the ONE SUING ME CAN COME ON THE PHONE IF THEY LIKE...I said huh, how is that fair?  The way it is she said.
 
I admitted they were the plaintiff
I admitted I was who I was
Defendant's Answer to Complaint
 
I deny to the Responding Party objects to this request on the ground that it is vague, ambiguous and unintelligible in that Responding Party has to speculate as to the meaning of "the credit card" and "the account."
This request calls for admission of matter defendant has denied and thus it is improper.
FURTHERMORE, Defendant DENIES every other allegation not previously admitted denied or controverted.

AS AND FOR AFFIRMATIVE DEFENSES
The Plaintiff, as the defendant is informed and believes, lacks the legal standing to bring and maintain this action.
The plaintiff has not proven the debt is valid or the amount of the debt is accurate. The plaintiff must prove that the principal, interest, collection costs, and attorney's fees are all correct, agreed to in your contract, and lawfully charged. Defendant also insists that the plaintiff come up with the contract, account statements and purchase receipts to prove the amount of the debt.

WHEREFORE, the defendant asks the Court for judgment:
a. dismissing the complaint herein with prejudice.

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I deny to the Responding Party objects to this request on the ground that it is vague, ambiguous and unintelligible in that Responding Party has to speculate as to the meaning of "the credit card" and "the account."

This request calls for admission of matter defendant has denied and thus it is improper.

FURTHERMORE, Defendant DENIES every other allegation not previously admitted denied or controverted.

AS AND FOR AFFIRMATIVE DEFENSES

The Plaintiff, as the defendant is informed and believes, lacks the legal standing to bring and maintain this action.

The plaintiff has not proven the debt is valid or the amount of the debt is accurate. The plaintiff must prove that the principal, interest, collection costs, and attorney's fees are all correct, agreed to in your contract, and lawfully charged. Defendant also insists that the plaintiff come up with the contract, account statements and purchase receipts to prove the amount of the debt.

WHEREFORE, the defendant asks the Court for judgment:

a. dismissing the complaint herein with prejudice.

 

Clearly you have been studying this site and perhaps others but you have a MAJOR problem.  You are attempting to use defense tactics that are best against a junk debt buyer when your debt has been sold.  You are being sued by the actual creditor.  Those defenses are not available to you and will not work.

 

They very much have standing to sue you.  They gave you the credit and you defaulted.

 

NO court is going to require a contract, let alone a signed one that does not exist in credit card cases.  At best they will ask for the card agreement/copy and Barclays will have it.  They most likely will not even require the application but you can bet that Barclays will still have it since you defaulted a year ago.  As for purchase receipts:  this is a smoke screen and the court knows it.  Those were given to you at the time of purchase NOT the creditor.  

 

The second issue is those are not affirmative defenses.  Statue of limitations, res judicata, lack of standing:  yes.  You basically attempted to try your case in your answer which informed the Plaintiff you are lost on what to do.

 

I highly suggest you go to www.naca.net and get a free consult with a consumer lawyer on how to deal with this.  Given how new the default is and this is an OC lawsuit settling may be your best option.

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funny cause the only reason I chose this way was because on the this site in the box to look up junk lawyers, and they were one....now you say it was not, so I am confused.

 

I have no house, nothing to sue me for, self employeed so nothing to take.  

 

Thank you for your time, I may call them for a consult.

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funny cause the only reason I chose this way was because on the this site in the box to look up junk lawyers, and they were one....now you say it was not, so I am confused.

 

They are a law firm whose principle business is debt collection lawsuits.  That is VERY much different from a junk debt BUYER.  If the actual plaintiff is listed as Barclays Bank of Deleware you are being sued by the original creditor.  The law firm is representing them.  Who the plaintiff is defines what defenses you have not their law firm.

 

I have no house, nothing to sue me for, self employeed so nothing to take.  

 

They can garnish bank accounts.  While you may have nothing NOW that does not mean you won't want stuff in the future.  A judgment reporting will keep you from getting new credit.  Plus in many states judgments are good for decades and renewable.  All that time they gather post judgment interest which can be as high as 10-12%.  That adds up quickly.  So while you might not pay now the amount you pay to get rid of it in the future could be five times more.

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