Please look over my Summons answer and give advice!!

Please look over my Summons answer and give advice!!

Postby matthew8 » Fri Jan 21, 2011 11:20 pm

Here is the what I am up against:
Court summons was sent certified mail and reads:
You have been named defendant in a complaint (copy attached hereto) filed in XXXX Court of Common Pleas, by the plaintiff named herein.
You are hereby summoned and required to answer the complaint within 28 days after service of this summons upon you, exclusive of the day of service.
Said answer is required to be served on Plaintiff's Attorney.
Your answer must also be filed with the court within 3 days after service of said answer on plaintiff's attorney.
If you fail to do so, judgment by default will be rendered against you for the relief demanded in the complaint.

Here is the Plaintiff's complaint:
1. Chase Bank USA N.A. issued credit card number XXXXXXXXXXXXXXXX to Defendant(s) who used or authorized others to use said card and thereby became liable for the charges made on said credit card and became bound by the Terms and Conditions or Cardholder Agreement issued to Defendant(s) by Chase Bank USA N.A..
2.Plaintiff purchased the obligations owed by Defendant to Chase Bank USA N.A., and Plaintiff is now the legal owner of the obligation.
3. Upon information and belief, Plaintiff is owed the charged off sum of $XXXX.XX, plus accrued interest of $XXXX.XX, plus future interest at XX.00% and Defedant is/are in default of his/her/their obligation to pay said balance.
4. Attached hereto are copies of some significant account records of Chase Bank USA N.A. in possession of Plaintiff and, if an account statement of the original creditor is not attached hereto, then a summary account statement prepared by or at the request of Plaintiff and/or an account affidavit listing the amount owed by Defendant is attached. Any account records of Chase Bank USA N.A. that are not attached are not attached because, upon information and belief: (a.) Plaintiff is not the original creditor and does not have possession, custody or control of said records; and/or (b) if this action is based upon a credit card account, statements were sent monthly by Chase Bank USA N.A. to Defendant and are, or were, in the possession, custody and control of Defendant; and/or (c) said records may be voluminous; and/or (d) said records are not available to Plaintiff and/or may have been destroyed.
5.Upon information and belief, despite being sent monthly statements by Chase Bank USA N.A., Defendant(s) has/have never disputed any charges included in the balance set forth herein accordance with the requirements of the Terms and Conditions or Cardholder Agreement issued by the original creditor to Defendant, thereby creating an account stated.
6. Despite any language contained in any document attached to any pleading in this action or any other document filed with the court or served upon or sent to Defendant, Plaintiff is NOT seeking any judgment for attorney fees in this lawsuit.
WHEREFORE, Plaintiff prays for judgement against Defendant for the charged off sum of $XXXX.XX plus accrued interest of $XXXX.XX, plus future interest at XX% after December 28, 2010 plus costs of this action.

Here is my answer so far with affirmative defenses (i'm am still unsure how to answer some of the complaints so I put a couple options for a few of them:
1. Defendant denies the allegations contained in Paragraph 1 of the Complaint as Defendant is without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged assignments and entitlements. Or Defendant is without knowledge or information sufficient to form a belief as to the truth of the
allegations in paragraph 1 of the Complaint and therefore denies the same and puts Plaintiff to its strictest proof thereof.
2. Defendant denies the allegations contained in Paragraph 2 of the Complaint as Defendant is without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged assignments and entitlements. Or Defendant denies any alleged obligation to Plaintiff in Paragraph 2, as there is not, nor
has there ever been any agreement, written, oral or implied between the Plaintiff and Defendant.
3. Defendant denies the allegations contained in Paragraph 3 as there is not, nor has there ever been any agreement, written, oral or implied with the Plaintiff and Defendant.
4. Defendant denies the allegations contained in Paragraph 4 of the Complaint as Defendant is without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged assignments and entitlements. Or Defendant specifically denies the allegations contained in paragraph 4 of the Complaint filed herein against him and puts the Plaintiff to its strictest proof thereof.
5. Defendant denies the allegations contained in Paragraph 5 of the Complaint as Defendant is without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged assignments and entitlements.
6. ?

AFFIRMATIVE DEFENSES

1. The Plaintiff failed to state a claim upon which relief can be granted.
2. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with Plaintiff.
3. Plaintiff's Complaint fails to allege a valid assignment of debt and there are no averments as to the nature of of the purported assignment or evidence of valuable consideration; Plaintiff's Complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide.
4. Plaintiff's Complaint further fails to allege that the Assignor even has knowledge of this action or that the Assignor conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant.
5. Plaintiff is barred under the Fair Debt Collection Practices Act, hereinafter called FDCPA, Section 807(2), 15 U.S.C. § 1692e(2)from collecting interest and any amount unless it is expressly authorized by the agreement creating the alleged debt or permitted by law. Plaintiff has failed to attach proper documentation to verify if such interest is allowed.
6. Defendant claims Accord and Satisfaction as Defendant alleges that the original creditor accepted payment from a third party for the purported debt, or a portion of the purported debt, or that the Original Creditor received other compensation in the form of monies or credits from the Plaintiff.
7. Plaintiff's damages are limited to real or actual damages of actual cost paid or exchanged to alleged Original Creditor for the purported debt.
8. Defendant does not consent to or ratify any assignment of the debt that is the subject of the Complaint, or any portion of it.
9. Statute of Frauds.
10. The Plaintiff has failed to name the Real Party in Interest.
11. Usury.
12. Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time.


WHEREFORE, the Defendant prays that this court take nothing of the Plaintiff's Complaint and dismisses this complaint without prejudice. Respectfully Submitted,
January 22, 2011

Here are my reasons for choosing these affirmative defences:

1. no proof attached, no claim
2. because I never legally entered into
a contract with plaintiff and there is no proof from them that I did
3. because plaintiff just put that they are
the assignees of Chase without providing actual proof. That they did not show an assignment, they did not explain the assignment, and they have not proven that this assignment is legal and valid.
4. because I am letting the court know that they have not proven that Chase is even aware that plaintiff is suing me and that Chase actually signed over their rights to plaintiff to collect, basically there is no Assignment signed by the original creditor proven
5. the mere fact that it is true
6. because when Junk Debt Buyers purchase debt they buy it for pennies on the dollar and I am calling them out that they did not purchase this for the amount they are suing me for and that the Plaintiff paid the Original creditor money and the Original creditor accepted it which makes a new contract that I am not liable for
7. I am saying that they cannot sue me for all that money when
they only paid a portion of it and have not proven any assignment
8. That you do not consent or approve of any portion of the alleged assignment that supposedly exists in the complaint.
9. The “Statute of Frauds” law requires many different types of contracts be in writing. There are some exceptions to the Statute of Frauds, but if you think the claim the plaintiff is suing you for arose out of an agreement not in writing, that should’ve been in writing, this defense may apply to you.
10. no assignment attached proving they can legally sue me
11. interest rate for personal loan cannot exceed 21% in my state. They are charging 24

Any advice at all would help immensely! I need to mail this back in the next few days.
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Re: Please look over my Summons answer and give advice!!

Postby the_common_law_reverend_kenny » Mon Jan 24, 2011 6:44 pm

I can't advise you because I would not be drawn in to a (alleged) court room/house for this. It looks good what you have done but because you go in to detail you accept the jurisdiction of the court. Do you get me? :sun: ( accept that the courts charge and answer it: therefore you accept the courts authority) So my advice I dont' think is any good for you right now.

what I can say is never go in as defendant go as Plaintiff (counter claim) @:: (http://www.1215.org/)
SOVEREIGN: not controlled by outside forces: autonomous; self-governing; independent "a sovereign people" <> "by any peaceful administritive means necessary" - the way of the order.
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Re: Please look over my Summons answer and give advice!!

Postby jonboy » Mon Jan 24, 2011 7:15 pm

You have accepted you are a "defendant". You have given authority/jurisdiction.
"Reason is the life of the law; nay, the common law itself is nothing else but reason. The law which is perfection of reason" Sir Edward Coke 1552-1634.

NO ONE RULES IF NO ONE OBEYS.

It is better to light one candle than to curse the darkness.
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Re: Please look over my Summons answer and give advice!!

Postby matthew8 » Mon Jan 24, 2011 8:28 pm

Thanks for the replies. I have not yet submitted my answer to the court. What advice do you have for me?
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Re: Please look over my Summons answer and give advice!!

Postby Chris247 » Tue Feb 01, 2011 8:33 pm

Could it not just be as simple as not answering them at all?

That way giving them no jurisdiction?

Sorry if I sound a little uneducated about these circumstances, but could someone possibly explain why this wouldn't work?
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Re: Please look over my Summons answer and give advice!!

Postby jonboy » Wed Feb 02, 2011 6:07 pm

You are correct Chris. This is the best solution to every encounter IMHO. Ignore them at every opportunity. The summons was not sent to the man it was sent to the PERSON anyway. :yes:
"Reason is the life of the law; nay, the common law itself is nothing else but reason. The law which is perfection of reason" Sir Edward Coke 1552-1634.

NO ONE RULES IF NO ONE OBEYS.

It is better to light one candle than to curse the darkness.
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Re: Please look over my Summons answer and give advice!!

Postby matthew8 » Thu May 19, 2011 12:47 am

If I were to completely ignore them they would automatically win a default judgment and garnish my wages.
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