Credit Card Debt Lawsuit
It is very important that you Answer the Plaintiff’s complaint within the amount of days that are given by the court. Or the Plaintiff will get a Default Judgment against you. And that’s exactly what they want A DEFAULT JUDGMENT! The Very first thing you want to do is Check Your Local Court Rules and see if you are able to file a motion to dismiss in lieu of an answer. Real Quick: I was served and had a panic attack. I found a website full of people giving information and they said ANSWER THE COMPLAINT right away. So I did. NOT knowing that my State INDIANA allowed me to file a Motion for Dismissal BEFORE I had to Answer. I was served without a contract or assignment attached to the Complaint so, I could have gotten this Dismissed. BUT NO I listened to the morons and filed my answer. In Indiana, you can file a Motion To Dismiss first before Answering and if it is granted YEAH! if not, then you have to Answer the Complaint. But a Motion is allowed here before we have to file an answer. So, it is very important that you check your local court rules and see if there are any grounds for dismissal. If there are, check your rules and see if your court allows for a Motion to Dismiss before an Answer. Once I filed my answer that meant I WAS SCREWED for asking for dismissal. Now onto examples of how you can answer this Summons & Complaint: Look at the Complaint there should be numbers such as: 1. The Plaintiff is the Assignee of _____________ bank. 2. The Defendant is indebted to Plaintiff……… ETC. Each number on the Complaint is considered a Count Against you. This is how I Answered The Complaint by looking at each count and stating my defense. You are basically picking at the complaint and you need to DEFEND yourself.
- First of all Check Your Local Court Rules and see if the Statute of Limitations have Expired and if so, see if you should file a Motion To Dismiss because the Action is Time Barred.
- Secondly, check your local court rules and see if a contract “written instrument” was supposed to be attached with the Complaint. If so, see if you can file a Motion to Dismiss for Failure To Comply with ________ (your local court rules).
REMEMBER that some Courts allow a Motion to Dismiss in lieu of answer and some do not. Therefore, you always need to check your Local Court Rules. They may require you regardless to answer. They may not allow Motions in lieu of answers. CHECK CHECK and Double Check. I GOT MY CASE DISMISSED BY USING THIS PACKAGE Click Here for More Information BELOW IS A SAMPLE ONLY
IN THE TYPE OF COURT OF THE STATE OF STATE IN AND FOR THE COUNTY OF YOUR COUNTY COURT DIVISION IF APPLICABLE
| Name of Plantiff Plaintiff, vs.Your Name Defendant | ))))))) ) ) ) | Case No.: CASE NUMBER ANSWER, AFFIRMATIVE DEFENSES |
1. ANSWER Now comes Defendant, Pro Se, who denies the following paragraphs of Plantiff’s Complaint:
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.
2. Defendant denies the allegations contained in Paragraph 2 as there is not, nor has there ever been any agreement, written, oral or implied with the Plaintiff and Defendant.
3. Defendant lacks knowledge about the truth and therefore denies allegations contained in Paragraph 2, Plaintiff has failed to provide Defendant with any kind of account numbers or documentation for alleged debt.
Affirmative Defenses were Listed Here
I had 23 Affirmative Defenses listed. Every single Affirmative Defense even if it makes no sense to you PUT IT DOWN. Otherwise you lose it.
SEE ALL AFFIRMATIVE DEFENSE:Click here
What helped me out the most is that the above package gives you Step by Step Instructions on how to answer every single count against you. It has examples that you simply copy and paste. It was super easy and I had my Answer all set within 20 minutes and I filed it off with the court the next day.
If you are like me and have no idea what you are doing, and cannot afford an attorney, I highly recommend doing what I did and get this package Click here
I was a rookie just like you and I followed these easy instructions and WON my Case. (see proof above)
WHEREFORE, Defendant prays that the court take nothing of Plaintiff’s Complaint by virtue and dismisses the complaint.
DATE WENT HERE
___________________________
MY NAME WENT HERE
MY ADDRESS WENT HERE
SEE ALL THE DEFENSES I USED TO GET MY CASED DISMISSED: Click here
CLICK HERE!
THE DEFENDANT’S PACKAGE
EVERYTHING YOU NEED TO WIN A JUNK DEBT BUYER’S LAWSUIT
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We are having trouble understanding how to move the court in Clark County INdiana. No one in the court house will say when or how the motions are scheduled. Are motions read by the judge and signed at his convience? Does there have to be a hearing for the JUdge to rule on a motion?
The Judge rules on all motions within 10 days, if you do not receive anything in the mail such as his ruling or a hearing date you can call the Clerks office to see what is going on. If the judge has failed to rule on your motion within a certain amount of time you can consider that motion denied read the Indiana Rules you’ll see how much time rulings on motion take.
You will receive a copy in the mail of his ruling or they will set it for a hearing.
There are no set days when the Judge reviews motions. The Clerk sends them on over to his/her Chambers and at his/her convenience he will then rule on it.
If he feels the judge needs to know more well then a Hearing is set. If the Motion is a basic Dismissal without prejudice and the Defendant is 100% right and the Motion is perfect well then you just may get a ruling through the mail.
So what exactly happens at the hearing? Will the plaintiff show up? I have a letter from Capital One telling me they have “No Written Contract” so do I just stick to my guns?
The attorney for Capital One showed up at my hearing and he was a major jerk. YES you stick to your guns. Original Creditor or Collection Agency doesn’t matter they all need proof to prevail in a court of law. Do they have any documents to back up their claim against you seeing they cannot produce a contract?
My husband received a summons/complaint in Feb, 2010 but we never replied. They (a collection agency) evidently got a default judgment against him because he did not answer the complaint more or less but I have a copy of the default judgment either. Anyway, I purchased your “defendant’s package” and filed a motion to vacate judgment. We are in the state of nj, so, we filed that with a copy of an answer based on your package and I am awaiting the outcome right now. But, I’m writing you to let you know that there is an option for people that have default judgments against them to file a motion to vacate judgment. In NJ, you have to attach your answer to the motion to vacate and pay the fee. Also, he (the collection attorney) has sent us because he has a default judgment against my husband, an Information Subpoena to be filled out. I am very reluctant to fill out that information because I feel if he truly had a claim against my husband, you would have that information. But, I guess I’ll answer it because I don’t want my husband to spend any time in jail over it. Any other suggestions in this regard? Thanks so much for your help. Cheryl
Hi Cheryl,
You should spend some time filing a cross-complaint against the “plaintiff.”
Kelley
Thanks Kelley for the advice but I believe the time has passed for that. Not sure because I’m not a lawyer but I guess that’s why you need an attorney even though one knows things.
I received letter from the court for credit card court summons, can you advice me what can i do?