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How to answer a complaint summons in utah


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I received a complaint and I'm not sure how to answer. It reads as follows

1. The Defendant is a resident of SALT LAKE County, State of Utah.

2. That on or about the (date) , Defendant did execute and deliver to (original creditor) an agreement, a copy of which is hereto annexed as Exibit A

3. Defendant being in default, demand for payment has been am definitely but Defendant still owes plaintiff the sum of (amount owed) plus intrest at TEN AND 50/100 percent from (date), the date of the last account transaction.

4. Said Agreement further provides for the payment of reasonable Attorney's fees. A reasonable Attorney's Fee is $775.00  in the event of default.

5. That said chose in action was assigned to ( collections agency) by written assignment on date)

My issues is the original creditor canceled/forgave this debt and I received a 1099  C and have paid the taxes for this as it was seen as income. Second I have read somethings about the possibility of when my insurance lapsed as this was a car loan itbeing a breach in contract and thus starting the statue of limitations date and if this is true that has been 6 years. So do I have any grounds to stand on for this being dismissed and how should I answer the above paragraphs and what do I put as my reasoning for arguing this

 

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12 hours ago, crnw1124 said:

My issues is the original creditor canceled/forgave this debt and I received a 1099  C and have paid the taxes for this as it was seen as income.

Doesn't render the debt uncollectable unfortunately.  

 

12 hours ago, crnw1124 said:

Second I have read somethings about the possibility of when my insurance lapsed as this was a car loan itbeing a breach in contract and thus starting the statue of limitations date and if this is true that has been 6 years.

Not for defaulting on the loan.  When was the last payment on the loan?  That is what matters.

12 hours ago, crnw1124 said:

So do I have any grounds to stand on for this being dismissed and how should I answer the above paragraphs and what do I put as my reasoning for arguing this

I don't see a basis for dismissal other than the SOL depending on more facts that you have disclosed.  As for arguing this:  you do not argue the case in your answer.

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3 hours ago, Coffee_before_tea said:

Did they provide the contract with the complaint?  Who is the lender;bank?

Yes they did. The original lender is University of Utah Crédit union they are the ones who filed the 1099 C it's the collection agency who is filing the suit 

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