summons answer

[urkson]

What is the name of your state? NY

I am answering a summons on a consumer debt and one paragraph states;

'Upon information and belief, this agrrement provides for interest on the unpaid balance at the rate of 9% per year.'

Because of the incredibly low interest rates at this time I want to question the 9% they are asking for in the event a balance is proved.

I was thinking of the following;

Deny the statement contained in paragraph 6 except for the following statement:

The defendant would respectfully question the high interest rate requested on any debt that is ultimately determined to be owed in this action

Thanks

 

[Ladynred]

What agreement ? Is this an allegation you must reply to or is it merely a statement ?

The credit card agreements all build in additional interest rates in the case of default - and there's nothing you can really do to challenge that.

The other thing is that judgments themselves accrue interest as long as they remain unpaid. That rate is set by the state and you can't challenge that either.

I don't think its a valid argument or denial for your Answer. If the 'agreement' its referring to is the CC agreement, and this is an allegation rather than a statement, a better answer would be simply 'lack knowledge'.

 

[urkson]

I will use, as you suggest, "lack knowledge"

Thankyou