Preparing Answer to suit....

[Zenful]

What is the name of your state?What is the name of your state?What is the name of your state? SC

Hello all. I've been browsing the forum for a few days and have learned quite a bit. Thanks for sharing the knowledge.

Hopefully, someone here can offer a few opinions on my situation. Sorry if this is loooonnng....

I was served with a Complaint a few days ago. There was only a Complaint. There was NO Summons included. I checked with the court and there is a Summons in the case file. There is no proof of service in the file as of yet either.

Although I technically haven't been summoned to answer yet, I am working on the Answer. I don't want to give them any chance at a default judgment.

This case involves an alleged credit card debt, approximately 1500, that was charged off. The debt was bought by a CA ( the Original Creditor balance on the credit report shows 0 so I assume it was bought instead of assigned ) . The suit has been brought by the CA. The DOLA on the debt is 10/01. The SOL in SC is 3 years.

Included with the Complaint is the Plaintiff's supporting evidence.

1) A photocopy of a GENERIC credit card agreement. There is no reference to me or an account number on the agreement. There is no contract.

2) A page on the CA's letterhead detailing what they feel I owe. This shows the original debt at chargeoff and also lists the interest they feel I owe. Again, there is nothing from the Original Creditor. No statements are included.

3) An affidavit from the CA stating that their records show I owe that amount. Again, nothing from the Original Creditor.

Obviously they are filing this hoping for a default judgement. There seems to be a lack of any supporting evidence for their claim. I think I might have a decent chance at winning this if it went that far so I want to make the Answer as good as possible.

Does anyone have any ideas about any Affirmative or Absolute defenses that I might want to include?

Anyone see any issue with the lack of service with the Summons?

Does anyone know of any example Answers on the 'net?

Any information or advice would be greatly appreciated.

TIA,

Z

 

[Ladynred]

A list of affirmative defenses:

http://www.legalhelp.org/affirmative_diffense.htm

How to file an Answer:

http://www.legalhelp.org/answering_complaint.htm

Since the SOL is close, your best bet is a general denial of all claims, go to court, and challenge their so-called evidence. Their affidavits don't mean squat unless the person signing the thing has PERSONAL knowledge of the complete history of the account. Only someone from the original creditor could come close to claiming that. The FTC slapped SCAMCO for using those worthless affidavits.

No signature and a generic agreement - how do they prove its yours w/o a signature ??
No proof of the accounting of the debt - where'd they get the number they allege you owe ??

 

[Zenful]

Thanks Ladynred

Thanks for the information. That should help in putting together the Answer.