What is the name of your state? CA
I am being sued by a collection agency on behalf of the University of California. The alleged debt occured while I was a student. I had been receiving federal student loans. At the time I was married and living on campus. Due to unsatisfactory academic progress, the school took my loan money away and returned it to the lender. They then claimed that I owed the money to THEM. This was in 1999. I filed and had a bankruptcy discharged in February 2001. This debt was listed as a dischargeable debt and was discharged. UCR nor any representative from them came to the meeting of creditors nor did they dispute the dischargeability of the debt. The US Bankruptcy Court has specific procedures for disputing the dischargeability of the debt after the bankruptcy discharges. The collection agency filed the lawsuit in California Superior Court for breach of Contract. I filed a Response with the affirmative defense that the suit is time-barred by California Code of Civil Procedures. I failed to include as ANOTHER affirmative defense that the debt was discharged via the bankruptcy. The plaintiff (collection agency) has always maintained that the debt was non-dischargeable yet have never initiated any action for the trustee or the bankruptcy court to review.
It is my understanding that if I do not raise the affirmative defense of the bankruptcy discharge that I will be unable to utilize it as a defense in the court. How can I either AMEND my answer or SUPPLEMENT it to add another affirmative defense or is it even necessary?
I am being sued by a collection agency on behalf of the University of California. The alleged debt occured while I was a student. I had been receiving federal student loans. At the time I was married and living on campus. Due to unsatisfactory academic progress, the school took my loan money away and returned it to the lender. They then claimed that I owed the money to THEM. This was in 1999. I filed and had a bankruptcy discharged in February 2001. This debt was listed as a dischargeable debt and was discharged. UCR nor any representative from them came to the meeting of creditors nor did they dispute the dischargeability of the debt. The US Bankruptcy Court has specific procedures for disputing the dischargeability of the debt after the bankruptcy discharges. The collection agency filed the lawsuit in California Superior Court for breach of Contract. I filed a Response with the affirmative defense that the suit is time-barred by California Code of Civil Procedures. I failed to include as ANOTHER affirmative defense that the debt was discharged via the bankruptcy. The plaintiff (collection agency) has always maintained that the debt was non-dischargeable yet have never initiated any action for the trustee or the bankruptcy court to review.
It is my understanding that if I do not raise the affirmative defense of the bankruptcy discharge that I will be unable to utilize it as a defense in the court. How can I either AMEND my answer or SUPPLEMENT it to add another affirmative defense or is it even necessary?