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I was served this (Sheriff left the packet by the door and then mailed me one page Summons).

The plaintiff is a debt buyer and the attorney is just the owner of one of the owners of the JDB.

 

I would really appreciate it if I can get help regarding answering this Lawsuit.  I need to answer it first and then later address the affirmative defenses and possible counterclaims. I don't have anything on account. Not sure even if there are the same last digits of the account that  they mentioned so I am not sure of the SOL.  Please find below what I received and help me draft an answer. I did have a CITIBANK card a long time ago but it had a limit not even half of the JDB is alleging. This is in Massachusetts and no form required. I have to answer within 20 day. However, I only have about 10 days left for this and would like to be done with it ASAP as I have not have any sleep since I got it last week.

 

xxxxxxxxx is a debt buyer and does not have to be  licensed in Massachusetts since a Lawyer is representing them.  The Lawyer office is the collection company and in fact he is a member of the company (may be sole owner)/. xxxxxxxxxxx is registered in Massachusetts.

 

Thank you very much for your time and help

 

Complaint:

 
xxxxxxxxxxxxxxx, LLC as Assignee of CITIBANK, complaining of the defendant,XXXX Alleges as follows:
 
1. Plaintiff is a New Hampshire Limited Liability Corporation having a usual place of business at xxxxxxxxxxxxxxx
 
2. Defendant is an individual xxxxxxxxxxxxxxxxx Middlesex and the commonwealth of Massachusetts
 
Count I:
 
3. The defendant entered into a  credit card agreement ("agreement") account number xxxxxxxxxxx5400 with plaintiff or its assignee/predecessor
 
4. Under the terms of the agreement,plaintiff agreed to extend credit in consideration of defendant's promise to pay a specified monthly amount.
 
5. The defendant failed to make payments as they came due, thus defendant was in default of the agreement.
 
6. Citibank, NA assigned all of its rights, title and interest in the account to plaintiff. As a result of the above, Defendant is now indebted to plaintiff in the total amount of 12K
 
Count II:
 
 
7. Plaintiff repeats, reiterates and realleges each and every allegation set forth in paragraphs 1 through 6 inclusive of the complaint as if set forth herein in full
 
8.  CITIBANK, NA, Plaintiff's assignee, conferred a measurable and valuable benefit on Defendant by allowing him/her to use credit card to obtain goods,services and other valuable benefits.
 
9. A reasonable person in Defendant's position would have expected to compensate CITIBANK,NA for using its credit card to obtain valuable goods and services
 
10. CITIBANK, NA provided the benefits to Defendant with the reasonable expectation of being paid.
 
11. To date, Defendant has failed to compensate Plaintiff, or CITIBANK, NA, for the benefits received. As a result of the above, Defendant in indebted to Plaintiff in the total amount of 12K

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Thank you so much debtzapper.  I actually was hopping you  jumped in since I read so many threads and you helped man.

I did read Barbara's thread when I was looking for similar case on the forum but I didn't think it matched mine expect for the state.

In her case, her last four digit of credit card were different and she didn't make no payments at all to the bank. It sees also that she has more records than me. I don't have anything old and I am not sure about SOL regarding this card.  It could be just passed or close.  Having said that, I am deducting from her case and others that if I do everything right I can win. I am determined to fight it and I will read Barbara's thread again.

 

I would really appreciate help with answering the complain. When I read many threads, most had less allegations. I got 11. so I have to answer 11 and don't know how especially when the plaintiff is asserting that he owes....

 

Thank you for your time and help.

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Hello Masslady,

 

I just beat Waterfront Capital/Schreiber Law ........ on 1/21/15  using the Arbitration clause "Notice of voluntary dismissal" In Ma,

 

If interested I'll show you what I did. If you are going the Arb. route DON'T respond to the JDB. In Ma, your not required to answer, You can answer claims the day of court. So DON'T tip your hand.

 

I can't say this will work for you as Magistrates play loose and fast with what rule's still exist in Ma, Sm. Claims. All I can do is say I won using Arb in Ma, 2 months ago.

 

Edit:

______________________________________________________________________________________

 

From personal experience as well as what I have witnessed I would not waste to much time pursuing the normal Defenses that seem to work everywhere but in Ma, 

 

Things like:  No standing, This aint my debt, I want to see the "Chain of assignment" There is no discovery or calling witnesses. Ma, Sm. Claims  will allow the JDB to submit what ever they want usually just 1 card statement and a B.S. affidavit.

 

Unless you can prove SOL (which you should be looking at 1st. by checking your credit score to determine your last payment date.)  Then I would at the very least give Arb. a close look.       

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Hi Prove-it,

 

Thank you so much for your input,

They suing for about 12K so this is not small claim.  They gave me 20 days to respond or default since the  amount is more than $7,000 max for small claim.

I don't have a court date set but the clerk's office said that we will have a case management  conference 6 or 8 weeks after (I am not sure if it is after I answer or after I am served).

 

I would love to get more info on this. I will definitely use your experience,  Was yours in small case court? 

I am not familiar with arbitration so I am going to find out later on it.

 

Thank you

 

 

 

 

Hello Masslady,

 

I just beat ........ on 1/21/15  using the Arbitration clause "Notice of voluntary dismissal" In Ma,

 

If interested I'll show you what I did. If you are going the Arb. route DON'T respond to the JDB. In Ma, your not required to answer, You can answer claims the day of court. So DON'T tip your hand.

 

I can't say this will work for you as Magistrates play loose and fast with what rule's still exist in Ma, Sm. Claims. All I can do is say I won using Arb in Ma, 2 months ago.

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In the JDB packet is there a summons with a Docket # what court info is listed on the complaint. I'm not sure why a clerk is involved if there is no  "Event Scheduled" If you were going to use SOL I would be careful responding to inquires from a JDB.

 

Does the complaint letter list the amount, account #,    They use the words Plaintiff & Defendant a lot is there a Summons attached ???

 

Don't assume anything at any time when dealing with JDB's

 

If not in the court system then there is no need to file MTC Arb. I would start with confirming SOL Yay or Nay right away.

Then if no luck. we will need to find a usable version of your credit card agreement (don't worry members here are very good at finding even the most obscure ones) Check if it has the Arb. clause most do. Check to see if they offer JAM's again most do. Then the fun begins. (99 % just pushing paper's around) and following a specific time line.  

 

EDIT:

_____________________________________________________________________________________

No court date, But you did speak with a Clerk. In what court was he from, This info is needed to follow the court rules of procedure. But Arb. will work regardless. They may fight you in Arb. for the 12,000 so you will have to really spend them into the ground but if you loose your no worse off then if you had gone to court.

A fair settlement is not going to happen in court for sure.  

 

Really need to know what court they are using.          

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It is a SUMMONS signed by the clerk magistrate.

It was left by my door by the Deputy Sheriff.

It has a docket civil number as well. This is for case management conference not small court so they schedule later but answer is required within 20 days as stated in the paper.

 

They actually sued me in small court too for a small amount with Chase.

But Chase is in Delaware that is 3 yr SOL. I don't have to answer that but I want to take care of this huge one and then find a lawyer counter-sue for violation of this small one.

 

Yes CITIBANK does have arbitration in some of the agreements  found online.

 

Thank you prove-it and thanks to any one who  will try to help and enlighten me.

 

 

In the JDB packet is there a summons with a Docket # what court info is listed on the complaint. I'm not sure why a clerk is involved if there is no  "Event Scheduled" If you were going to use SOL I would be careful responding to inquires from a JDB.

 

Does the complaint letter list the amount, account #,    They use the words Plaintiff & Defendant a lot is there a Summons attached ???

 

Don't assume anything at any time when dealing with JDB's

 

If not in the court system then there is no need to file MTC Arb. I would start with confirming SOL Yay or Nay right away.

Then if no luck. we will need to find a usable version of your credit card agreement (don't worry members here are very good at finding even the most obscure ones) Check if it has the Arb. clause most do. Check to see if they offer JAM's again most do. Then the fun begins. (99 % just pushing paper's around) and following a specific time line.     

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@MassLady

 

 

What violation?

Per their claim, my last payment was on 5/5/2009. That is 6 years this May.

They sued on February most probably knowing that the real SOL is that of Delaware in this case and not the 6 years of Mass

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I don't want to put a monkey wrench in your plans but. I'm not sure about using Delaware CC. rules for SOL. According to MA, law it is 6 years. If your right then I apologize and am glad for you and others that could use other states SOL's but I pretty sure in MA it's 6 years.

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@MassLady

 

Does MA have a "borrowing statute"?  In other words, a statute that says that if an action is outside the SOL in another state, it's outside the SOL in MA?   Just because a credit card agreement uses the governing law of another state with a shorter SOL doesn't mean that your state would apply that SOL.

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@MassLady -

 

Nevermind, I just saw the "Middlesex."

 

As far as answering the complaint goes, here is what I was advised -

 

#1 and #2 - you can admit to these

 

#3, #4, #5 - "I deny this allegation on the grounds that I have not been presented with proof that the debt is mine." (Or words to that effect.)

 

#6 - "I deny this allegation on the grounds that Plaintiff has not presented proof that the debt is mine and/or that they are legally entitled to collect it."

 

#7 - "I reiterate my answers to items #1 - #6 above."

 

#8 - #11 - "As in the above responses, I deny them on the grounds that the Plaintiff has not provided proof that the above-reference account is mine and/or that they are legally entitled to collect it."

 

 

Of course the Plaintiff (JDB) is going to "assert" that you owe them - they're counting on defendants to just cave.  Just because the letter came from a lawyer doesn't mean that their client has a legal right to collect on the debt.  Believe me, I KNOW how nerve-wracking this is, but there's so much information on this board to help you stand up for your legal rights.

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You can try and pull up your credit report, credit karma.com gives it for free. Check it for that account, and when your last payment was made.

If you do the arb route it is more compelling if you file with jams, then submit the proff you filed along with your motion to dismiss or in the alternative stay case pending arbitration. Print off the agreement that show arb, and submit that along with a copy of the paperwork showing you started the arb process. It will cost you 50.00 to file with jams.

Then brush up start reading the arb forum. The whole idea is to make them go away by going the jams arb route. If they take the bait and pay their fees, you could lose if this is your account. But their costs are pretty high, so most JDB's won't go there.

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Dear Prove-it, WhipItgood, BV80 and Barbara0301

 

What I was able to find is this which was part of Chase Card agreement:

 
GOVERNING LAW
THE TERMS AND ENFORCEMENT OF THIS AGREEMENT AND YOUR ACCOUNT SHALL
BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH FEDERAL LAW AND, TO THE
EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE, WITHOUT REGARD TO
CONFLICT-OF-LAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND YOUR
ACCOUNT ARE LOCATED, WILL APPLY NO MATTER WHERE YOU LIVE OR USE THE
ACCOUNT.

 

 

 

http://www.creditcards.com/credit-card-news/credit-card-state-statute-limitations-1282.php

 

There is also a thread on this web site

http://www.creditinfocenter.com/community/topic/315171-this-victory-is-golden-law-of-delaware-and-sol/

 

I think of your reactions, it seems that this may not happen (getting 3 years SOL)....

 

Thank you all

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@MassLady -

 

Nevermind, I just saw the "Middlesex."

 

As far as answering the complaint goes, here is what I was advised -

 

#1 and #2 - you can admit to these

 

#3, #4, #5 - "I deny this allegation on the grounds that I have not been presented with proof that the debt is mine." (Or words to that effect.)

 

#6 - "I deny this allegation on the grounds that Plaintiff has not presented proof that the debt is mine and/or that they are legally entitled to collect it."

 

#7 - "I reiterate my answers to items #1 - #6 above."

 

#8 - #11 - "As in the above responses, I deny them on the grounds that the Plaintiff has not provided proof that the above-reference account is mine and/or that they are legally entitled to collect it."

 

 

Of course the Plaintiff (JDB) is going to "assert" that you owe them - they're counting on defendants to just cave.  Just because the letter came from a lawyer doesn't mean that their client has a legal right to collect on the debt.  Believe me, I KNOW how nerve-wracking this is, but there's so much information on this board to help you stand up for your legal rights.

 

Congratulations Batbaraj0301 for winning.

 

 

Thank you so much for helping me draft the answer. I  appreciate it @barbaraj0301

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Thanks @shellieh98 for your input.  I can go to arbitration anytime during the course of the lawsuit?If so,I will probably go through the court for now. I will look into arbitration though.  May be I should try it with the small case lawsuit first....@prove-it, stated that the small case lawsuits, there is no room for standards defenses.

 

I want to use the most guaranteed route.

 

Thank you

 

 

You can try and pull up your credit report, credit karma.com gives it for free. Check it for that account, and when your last payment was made.
If you do the arb route it is more compelling if you file with jams, then submit the proff you filed along with your motion to dismiss or in the alternative stay case pending arbitration. Print off the agreement that show arb, and submit that along with a copy of the paperwork showing you started the arb process. It will cost you 50.00 to file with jams.
Then brush up start reading the arb forum. The whole idea is to make them go away by going the jams arb route. If they take the bait and pay their fees, you could lose if this is your account. But their costs are pretty high, so most JDB's won't go there.

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@MassLady

 

This is the leading case about MA's borrowing statute:  Note the sentence I italicized.

 

 

STEVEN WILCOX & others [Note 1] vs. RIVERSIDE PARK ENTERPRISES, INC.

399 Mass. 533

December 4, 1986 - April 1, 1987

Hampden County

Present: HENNESSEY, C.J., WILKINS, ABRAMS, LYNCH, & O'CONNOR, JJ.

The "borrowing clause" appearing in G. L. c. 260, Section 9, which, in some circumstances, requires application of the statute of limitations of another jurisdiction, does not apply to an action brought in Massachusetts against a defendant who has been subject at all relevant times to service of process in Massachusetts. [535-540]

 

 

 

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If you start with court 1st. answer the claim with defenses and go to court you are waiving your rights to Arb. you can list Arb. as one of many defenses (Non of which are going to get you anywhere in Ma, Sm. Claims.) but once you start arguing in court Arb. is out the window.  

This is all based on your suggestion that you go forward in Sm. Claims or the smaller debt.

 

The $12,000 debt is the one in question. and your options are Arb. or court. No mater what defenses you chose you will have to argue them in person. Like I said in Sm. Claims there is no need for answering your just tipping your hand, but when in court it's over in a flash the Mag. will let the JDB's run the show.

 

Think of it this way:    in MA, Sm. Claims is blatantly pro JDB frick and frack ............... unless you have photos of the Mag. with a blank in the blank doing blankety blank then strike 1st. with Arb.

 

District court above 7,000 ?   Mag/Clerk............   More formal, better furniture, lot less room for error. They will adhere to the law and act formal but still they are what they are, political hacks. Again not the place for DIY defendants to get on the job training                   

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If you start with court 1st. answer the claim with defenses and go to court you are waiving your rights to Arb. you can list Arb. as one of many defenses (Non of which are going to get you anywhere in Ma, Sm. Claims.) but once you start arguing in court Arb. is out the window.  

This is all based on your suggestion that you go forward in Sm. Claims or the smaller debt.

 

The $12,000 debt is the one in question. and your options are Arb. or court. No mater what defenses you chose you will have to argue them in person. Like I said in Sm. Claims there is no need for answering your just tipping your hand, but when in court it's over in a flash the Mag. will let the JDB's run the show.

 

Think of it this way:    in MA, Sm. Claims is blatantly pro JDB frick and frack ............... unless you have photos of the Mag. with a blank in the blank doing blankety blank then strike 1st. with Arb.

 

District court above 7,000 ?   Mag/Clerk............   More formal, better furniture, lot less room for error. They will adhere to the law and act formal but still they are what they are, political hacks. Again not the place for DIY defendants to get on the job training                   

Thanks @prove-it for insights. Idefinitly will look into Arbitration as well.  I will answer the lawsuit with the standards defenses and then I can see which option I should do.... I appreciate your feedback. what you mentioned is worth knowing. Thank you

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