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credit card lawsuit questions

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jblow

Junior Member
What is the name of your state? PA

A third-party debt-buyer(CACH LLC) purchased a credit card debt that my relative allegedly stopped paying on. They've recently sued her. I've looked at the complaint, and it looks flimsy to me. I've followed upwards of 50 or 60 different lawsuits online, reading complaints, answers, counterclaims, and all sorts of reply papers, so at least I have a baseline to compare this to. (I do this for fun. I'm really an exciting guy)

They basically allege:

1> Defendant is so-and-so and lives at xyz address in Pennsylvania.
2> She requested and purchased goods and services listed in Exhibit A
3> She's been given credit for any payments made (also in Exhibit A)
4> There's still a balance due.
5> Original creditor is xyz credit card co.

Exhibit A: only shows original creditor, account number, and alleged balance

I've drafted an answer which denies everything on "lack of knowledge or information to form a belief" except Paragraph 1.

I've made some Affirmative Defenses:

1> Plaintiff has not established standing because the defendant has never done business with the Plaintiff and has not provided an assignment or contract of sale of the debt.

I think this would need proven because there has never been a relationship between the plaintiff and the defendant. No contract. No signature. No promise to repay. If it was the original bank, OK. But who knows, maybe CACH LLC doesn't even own the debt?!

2> Bulk of the complaint refers to Exhibit A, including mentioning goods, services, payments, but Exhibit A has nothing of the sort. The plaintiff needs to establish HOW SPECIFICALLY the defendant has come to owe them money and prove exactly how much.

3> Statute of limitations has expired.

4> laches, estoppel, acquiescence, unclean hands

5> Plaintiff's complaint is defective because they've failed to establish standing, haven't established a prima facie case, and therefore fails to state claim upon which relief can be granted.

QUESTIONS

1. Have I missed any salient initial defenses?
2. Can pro se defendants normally E-FILE their papers? Is there some nationwide system for doing so? The court DOES have a e-file system of some sort, that looks like anyone can register. I have a read-only PACER account already(which is Federal only, probably wont help here).
3. What are the fees normally associated with filing an answer? I think the fee schedule might have read $30, but I don't know what I'm looking for. Does $30 sound about right?
4. If no e-file, does one normally mail the answer in?
5. Does the answer have to be signed?
6. Regarding settling, are these companies normally happy to settle, or would they prefer to spend money/time/energy on obtaining the full amount? I've read that some settle for 20-25% of the original debt. Does the sound right? What should my first offer be percentage wise?
7. I plan on mailing a settlement offer to them, should I do this BEFORE or AFTER I file my answer??
8. What's the next step? Should I start doing discovery by requesting production of documents from the plaintiff? Do those requests have to be filed with the court, or simply mailed to the plaintiff?

I can't help but feel that these companies file these lawsuits because they think most will simply default on them. The complaint is so stark as to any details, I can't believe any judge would simply issue a default judgment on them. Shouldn't the judges be reviewing the pleadings, and reject any default judgment motions where the original complaint isn't complete enough??

I'm not a lawyer but I did stay at a Holiday Inn Express last night.

Thanks for any advice
Joey
 



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