Need help, here's how the complaint reads, I'm not sure if I write "Deny", "Admit" or "Can Not confirm nor deny due to a lack of documentation".
It reads as follows:
1.The plaintiff is a limited liability company organized under the laws of the state of Deleware, with a principal office and place of business in Las Vegas, Nevada.
2. THe defendant is a resident of XYZ county, NC.
3.The defendant had an account with XYZ Company bearing the account number XXXXXXXXXXXXX2121.
4. The defendant was in default with respect to that debt, in that said the defendant failed to make the payments required.
5. The debt was subsequently sold and assigned to LVNV Funding, LLC, the plaintiff herein, LVNV Funding is now the owner of the account.
6. The defendant is now lawfully indebted to the plaintiff in the sum of $2,000 with interest thereon from and after April, 20, 2008.
7. In spite of repeated demands by the plaintiff, the defendant has failed and refused and continues to fail and refuse to pay this just debt.
What should my answers be:
1. Write nothing for this one
2. Confirm
3. ?
4. ?
5. ?
6. ?
7. Deny
Also, if anyone is familiar with NC law, when I submit my answer with the clerks office do I file for a Motion for Discovery, or do I just wait for my court date, go to court and then ask to motion for discovery.
Thanks, gotta turn it in TODAY if anyone can help me!
Have you send debt validation letter to the collection agency before you have received the summon? If you have not send any debt validation letter, then you should write "cannot confirm" to all the above. However, if you have send a debt validation letter by certified mail and the collection agency has not validated it properly by providing you with details like the proof that the OC has sold off the debt to the CA and a copy of the original signed contract between you and the OC, then you should write "deny" to all of the above.
I think that we should not write "admit" to any of the above until and unless we are sure that we owe the debt and the judgment will go in favor of the plaintiff. However, if we deny the debt, we will have a chance to defend ourself in the court. If we admit the debt, the plaintiff may bring a default judgment against us.
i validated the SOB's and they ignored it and filed suit anyway...i typed up my respones and put agree for the first, can't confirm or deny due to lak of documentatio, for 2-6, and the lastone I wrote disagree and also typed on my response that a DV was sent to the plaintiff via CM RRR and to date they have failed to respond. I made a copy of the letter and receipt and plan to drop that off at the clerks office this morning with my answer. Sound right? Am I missing something?
RPK, I would not confirm or agree to anything! If they fail to provide you with proper debt validation and it has been over thirty days or will be ny the court hearing then they will lose the right to collect on this debt. You need to read your rights at on fair debt collection. Be sure to keep a hold of the return reciept you got because you will need it IF it goes to court. Most collection agencies can NOT validate a debt and some will even cancel the hearing.
Also remember that proper validation is NOT a copy of the bill..most will try to use this to convince you they can validate. PROPER debt validation is a copy of the original contract by the original lender. Plus they have to show right to legally collect this debt.
Any chance this debt is past the SOL (statute of limitation)? If unsure give us the last date you made a payment and your state so we can look it up.
So I filed my answer, yes I've saved my receipt for the CM RRR. No, this account is not past the SOL...this is my first time being sued so I'm confused about the process...it's hard to understand the legal language. What happens next, I mailed my answers to the plaintiff too...does the discovery phase happen automatically? or do I have to file for a motion for discovery? Help! I'm in NC by the way.
You will receive a court date where you will get a chance to defend yourself. Since, you have put "can't confirm" or "denied" in all except the first, there cannot be a default judgment against you. On the court date you need to carry the proof that you have asked for debt validation to the creditor or the collection agency, which they have not validated till date. I think that the judgment will go in your favor.
Ok, So I just wait for the court date and then go with my DV letter and receipt? I don't need to file a motion for discovery?
You can file a motion of discovery but, the first thing you should do is to file an answer to the summon and after that you can file a motion for discovery for inspection of documents relating to your debt. The motion of discovery must be filed with the court from where you have received the summon. But, what I think is that you can wait for the court date and ask for debt validation. If they cannot validate the debt, the judgment will go in your favor.
summon letter
i got a summon from a credit card company, I am going to answer the complaint, just wanted to know, that on the summon it says xyz company now xyz usa comapny, what does that mean , whether it has changed names and corporation and does that help me any way, that I have no knowledge of the is company beeing changed, will this help me if I ask for a credit validation letter.
It means that the company has changed its name to xyz USA recently. It has nothing to do with your debt and you still owe them the money in spite of the fact that the company has changed its name. So you should file an answer to the summon within the date mentioned on the summon else you may get a default judgment. You can definitely ask for debt validation, but you should send it after filing the response to the summon.
i was served this past week with a summons and complaint. attached to the sumons and complaint was an affidavit. the SAME affidavit that was sent to me after i sent them a DV letter back in january. my question is, is that affidavit enough proof of the debt OR do they need a signed contract from the original creditor? the more i'm reading the more i see they may need to get a copy of that signed contract.
thanks for any info.
If the affidavit has details of the outstanding debts, the amount you have already paid and the name of the original creditor, then I think that it is a sufficient debt validation because the FDCPA is silent as to what should be a proper debt validation. However, you can definitely ask for a copy of the original signed contract between you and the original creditor.
summons
This is my first time I have received a civil summons I am so confused these are the questions
1 That the Plaintiff is a foreign corporation licensed to do business in N.C.
2 That the plaintiff is informed and believes that the Defendant is a citizen and resides in xxx county,NC and is not a infant or incompetent
3 That the Defendent(s) is not now in active military service, as defined in the Soldier's and Sailor's Relief Act of 1940 with amendments,nor has the Defendant(s) been insuch service within thirty(30) days hereof:
4 That the Defendant owes Plaintiff $11,000 for charges made by the defendant to his/her credit account owned by the plainiff:
5 That the demand for said outstanding balance has been made upon Defendant,but Defendant has failed to pay said amount. A copy of the Affidavit in support of judgement is attached hereto as "Exhibit A" and is icoporated herein by reference:
Summons Responce Form - -
Where & How may I obtain an Legal Summons Responce Form?..!!
PLZE send OR info ASAP... Cruzn222@aol.com
USLegal.com is what I found but they are pricey. If you are in a hurry google Legal Response Form that should help. If your not in a hurry others with more knowledge of this will be on here to help you. Hang in there.
what forms do i need
i have a adoption case that i have to file a answer to but i dont know what forms i need
For an adoption you really should use an attorney, this would make sure that every thing is done correctly and that no one can come back later and contest it. If everyone is in agreement with it, it should not cost you more than $500. Please contact an attorney with this matter. It has to go through the courts in some manner.
We went through this when we adopted our grand daughter and it is a lot of paperwork that the normal every day person is not used to dealing with and it must be done and filed properly.
What is your situation? Are you adopting or are you giving a child up for adoption? My sister just went through it with a foster child and getting ready to do it again, each time there are attornies involved, best to do this right.
Making sure all the papers are filed and it is all done legally is the best thing.There should be personal family services or a children and youth in your area. If you do so many hours of classes called Kinship care they will pay all legal fees for you to adopt. I believe you pay and then submit the receipt and they will reimburse your costs. You may want to check and see what if offered in your area. It is a government program so it should cover the whole US of A. It sure would help with those expensive atty bills.
Not real sure what the full situation is, I am hoping that she will come back and let us know some more details?
LVNV Funding suing me
Hi...I was served a summons with an affidavit attached. The Sherriff's served me Sept 14th and I answered it within the 30 days allowed. I filed with the court and also sent a certified copy to the lawyers office. I still have the receipt. I asked the courts to dismiss if the plantiff does not show proof of ownership, copy of original contract and signature. I still have not heard from LVNV funding as of yet. Does this mean that the case have been dismissed or is there something I can do to ensure they don't try to come back with another summons? This is my first time being sued and is clueless to the process. All advice would be so very helpful. Thanks.
summons and complaint
A defendant who was not previously been served in a lawsuit, but has made an appearance via an affidavit on behalf of one of the other defendant's, is now avoiding service for theirselves. how do you inform the courts of this and is that person still bound to suit regardless of actual service.
respone letter
if you did'nt mention on the response about asking for a dv can you still ask the plaintiff after you get a court date.
Change Attorney after I answer pld-050
Send the debt validation after i answer a denial pld-050 and they did not responde istead they send me a letter that said they change attorney and i need to send them the debt validation, i have not send the original or new attorney the interrogative questions, my case is a limited civil 3.740. what is the next step, I have an appointment to the court on Oct 7 Case Managment.
summons
Hi colon:
I think you need to discuss this with an attorney.
lynnly:
if you did'nt mention on the response about asking for a dv can you still ask the plaintiff after you get a court date.
You can request the court clerk to provide you paperwork on this case. From there you will get to know if the dent is valid.
Pat:
I think you should send the new attorney the validation letter and the interrogative questions. If you have an attorney to help you in these you can discuss the matter with him.
Thanks,
Aaron
answer a summons
Where can I get a legal form to answer a summons
answering to summons
Hi Nancy,
You will get the legal form to answer to the summons from the court itself.
Thanks,
Aaron
Validation notice
hello every one i have come up with validation notice i use to stop collections and to completely get them of credit report i will try to upload the text but if it come us bad you can just email me at imperiaconsultingtoday@gmail.com
the ATTACHED: Creditor/Debt Collector Disclosure Statement is what i got from the low and they have to respond with what i am asking email me if you need that if not just delete that part i have it there because i send and ? and even if the collection company has the original contract from the bank they cant use that agents you and thats why is powerful with the attachments
this is it
Certified Mail//Validation Notice #
30-DAY VALIDATION NOTICE
(Your Full Name)
(Street Address),
(City, State & Zip)
(Name of Creditor)
(Address)
(City, State & Zip)
(Date)
Account Number(s): 18316145
To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Section 809 (b) that your claim is disputed and validation is requested.
This is not a request for “verification†or proof of my mailing address, but a request for written validation proving I am liable for this account. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following:
1. Violation of the Fair Credit Reporting Act;
2. Violation of the Fair Debt Collection Practices Act, and;
3. Defamation of Character
If your offices are able to provide the proper documentation as requested in the following attached Declaration, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes listing any information to a credit reporting repository that could be inaccurate or invalidated. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion shall be sent to me immediately.
I would also like to request, in writing, that no further telephone contact be made by your offices to my home or to my place of employment. If your offices continue to attempt telephone communication with me it will be considered harassment and I will have no choice but to exercise further legal remedies. All future communications with me MUST be done in writing and sent to the address noted in this letter.
Best Regards,
ATTACHED: Creditor/Debt Collector Disclosure Statement
Validation notice
hello every one i have come up with validation notice i use to stop collections and to completely get them of credit report i will try to upload the text but if it come us bad you can just email me at imperiaconsultingtoday@gmail.com
the ATTACHED: Creditor/Debt Collector Disclosure Statement is what i got from the low and they have to respond with what i am asking email me if you need that if not just delete that part i have it there because i send and ? and even if the collection company has the original contract from the bank they cant use that agents you and thats why is powerful with the attachments
this is it
Certified Mail//Validation Notice #
30-DAY VALIDATION NOTICE
(Your Full Name)
(Street Address),
(City, State & Zip)
(Name of Creditor)
(Address)
(City, State & Zip)
(Date)
Account Number(s): 18316145
To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Section 809 (b) that your claim is disputed and validation is requested.
This is not a request for “verification†or proof of my mailing address, but a request for written validation proving I am liable for this account. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following:
1. Violation of the Fair Credit Reporting Act;
2. Violation of the Fair Debt Collection Practices Act, and;
3. Defamation of Character
If your offices are able to provide the proper documentation as requested in the following attached Declaration, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes listing any information to a credit reporting repository that could be inaccurate or invalidated. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion shall be sent to me immediately.
I would also like to request, in writing, that no further telephone contact be made by your offices to my home or to my place of employment. If your offices continue to attempt telephone communication with me it will be considered harassment and I will have no choice but to exercise further legal remedies. All future communications with me MUST be done in writing and sent to the address noted in this letter.
Best Regards,
ATTACHED: Creditor/Debt Collector Disclosure Statement
legal Summons
I got a summom from a credit card company I did think it was paid off when my Husband expired in the year 2001. and have lost everthink I unable to get work at 80 year old I can not afford a lawyer , how do I answer this summons.how do I write this letter. is there a form I can fill out.
Received summons
I've been paying twords my doctor balance and just received a summons and complaint for the same balance. I have a budget in place with the doctors office. Can they do that. And what is my next step
answering summon
Please help, I'm not sure if I write "Deny", "Admit" or "Can Not confirm nor deny due to a lack of documentation", here's how the complaint reads :
1. Plaintiff is informed and believes, and on that basis alleges that at least one Defendant is an individual who resides in the State of California
2. This is the proper venue, superior court and court location for this action because the action involves and offer or provision of goods, services and/or credit intended for commercial use to be sold to the public primarily for personal, family or household use and at least one Dependant resides in this court's jurisdiction
3. The causes of action hereinafter stated is a money demand
4. //
5. Billing statements were mailed to the Dependant(s). Plaintiff is unaware of any unresolved dispute concerning a billing error.
6. The Original Creditor sent to Defendant(s) bills reflecting, inter alia, all charges incurred with the Account(s) the payment due, and the total balance due. Where the debt at issue herein was a credit card, each statement informed Defendant(s) of the duty to submit any disputes of the charges set forth in such statement, in writing, within sixty days from the date of the statement
7. Plaintiff alleges that there is an Account(s) stated by operation of law wherein the Original Creditor billed Defendant(s) for the credit balance and received no objection to it
Summons Credit Card Debts
Hello, my husband received a summons in Feb 2011, he answered in the 20 days, until today we didn't receive any answer and the court didn't do anything. I would like to know what will be the next, if the plaintiff has a dead line or not. My state is Florida and in my answer I mention the possibility of bankruptcy. Thank you!
Always answer a Summons
Always answer a Summons; Never Admit, Always show up in court.
Collection Agencies like to do things this way:
Sue You, and hope you do not answer, so that they can get a Default Judgment against you so they can legally Freeze your Bank Account and/or Garnish your Wages.
Sue you, so that you automatically assume they have the proper documents to prevail in a court of law.
For people who are Answering their Summons the Collection Agency is hoping that within your Answer you admitted at least one thing and BOOM they file for a Summary Judgment and could win.
Don't feel intimidated, their game thru INTIMIDATION, to scare you into paying them money. DON'T!
Playing their rules, You can beat these snakes.
Tips: google these words;
answer a summons
affermative defense
summonsresponse
summons response
This is my first time to recieved a summons, and im confused and I don't know how o response in writing..please help me!!!
Plaintiff alleges:
1. The defendant(s) is indebted to plaintiff in the sum of xxxx for goods, wares, merchandise and/or services sold and delivered by plaintiff's predecessor at defendant's special instance and request, and/or for necessary and essential goods, wares, merchandise and/or services furnished by the plaintiff's predecessor to defendant(s) or individuals whose condition, comfort and health, defendant(s) was (were) responsible to support and maintain.
2. That plaintiff is the actual and bonafide owner of the account.
3. That the sum of $xxx is now due and unpaid together with the interest and costs pursuant to Indiana law.
WHEREFORE, plaintiff demands judgement against the defendants for the sum of $xxx plus accrued interest in the amount of $xxx, plus additional interest at the rate of 00% per annum from November 19, 2012, and cost and all other proper relief.
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