Credit Card Debt Lawsuit

M

Mat1428

New Member
Jurisdiction
California
I am being sued by a 3rd party debt collector. I am in the process of filing a PLD-C-010 form in hopes that I can buy some time and negotiate a settlement. Based on the complaint I wanted to know if my denial answer on the PLD-C-010 form would be acceptable in court for question number 3. I checked box (b.)

Any insight would be greatly appreciated. I have attached the documents.
 

Attachments

Understand that I am not an attorney and I don't give legal advice, I just make helpful comments. If you act on my comments you to so at your own risk.

While putting in the paragraph numbers like that looks fine and would certainly be acceptable as an answer I am concerned as to why you are denying items that could easily be proven by the creditor's records.

It would help for me to see items 1 through 12 to see what you are admitting to.

You didn't say anything on the other site as to whether you actually owed any money on the account. Might help to give me the back story.

I'm also wondering if the denial might be better if it appears in b.(2) if you are denying the accuracy of the allegation instead of the entire allegation.

Meantime, here are just a few of many of the guides to answering a complaint for credit card debt. Might give you some idea of how to address the allegations and the raising of affirmative defenses:

How to Draft an Answer to a Debt Collection Lawsuit in 3 Steps | Consumer Warrior

http://www.masslegalhelp.org/consumer/forms/answer.pdf

Examples of Answering Summons/Complaint Credit Card Debt Lawsuit
 
Thank you very much for your response. I do owe the debt. I was living out of state and there was a lot of miscommunication with the debt collector. I didn't receive many of the notices they sent to my address, but I was aware of the ongoing dispute. I wasn't in a position to pay the debt and we never got around to negotiating a plan of repayment. I am a full-time student and don't really have the means to pay it off in full or this lawsuit. I will upload the entire summons I was served with. Maybe that will help you with any comments you have for me- I would appreciate any of them. I would like to negotiate a payment plan with them and hope they will drop the lawsuit. However, I need to respond to this summons ASAP in order to avoid default judgment. Any thoughts on navigating through this would be appreciated. Thank you so much for your help.
 
OK, I don't need to see the summons itself.

You admit to items 1 through 12. That's fine as you apparently know them to be true.

What bothers me about the rest of the items is that a blanket denial of allegations that you know to be true is perjury and that isn't going to sit well with the court.

You have to be truthful even when answering allegations.

I suggest that you address the allegations as follows:

Admit to the ones that you know are true.

Deny the ones that you know are not true.

For those that are partly true and partly not true you admit part and deny part.

For any remaining allegations you say something like: "Defendant is without sufficient information to either admit or deny the allegations contained therein and therefore deny them."

I quoted that from one of the resources I posted.

Once you have filed your answer and served it on the plaintiff's attorney you enter the Discovery period. During Discovery you get to ask the plaintiff for documentation regarding the debt (if that account statement doesn't do it for you).

While that's going on you'll have some time to negotiate something with the plaintiff.
 
Thanks. I appreciate the insight, good things to consider.

I have a few different answers to the allegations I'd like to use. When I list Paragraphs 13-23 is it wise to just list my answers right after? Does it need to be in any particular format?
 
Thanks for those links posted... very helpful information. When I draft up my form maybe you can take one last glance. Thanks so much!
 
adjusterjack said:
Will do.

Don't forget "affirmative defenses" if you have any.
Click to expand...

I am planning on turning my form in tomorrow. If you would take one last look at it, it would be greatly appreciated. I want to make sure the correct boxes were checked, and if you think things were worded correctly. Many thanks for all your help!

I will upload in a minute.
 
Mat1428 said:
Here it is...
Click to expand...


Have you considered doing a "general" denial?

Most defendants take that approach, which by the way eliminates a more detaile dnarrative.

A sample from yoru CALIFORNIA court website:
...
...
http://www.courts.ca.gov/documents/pld050.pdf
...
...
Legal Dictionary - Law.com
...
...
A CA lawyer explains and offers examples:
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April | Civil Litigation Attorney | City of Industry Lawyer
...
...
An exception involves "verified complaints".
You are required not just to wiggle and squirm when confronted with a "verified complaint", you might have to snap your fingers, and do it Elvis style!!!
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answer to verified complaint in California Archives - Legaldocspro Blog
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I believe in brevity.
The less you say, the fewer mistakes you make, the fewer targets you offer for the adversary to attack.
I'm also lazy, and don't like to tip my hand.
A general denial keeps the plaintiff guessing, and doesn't lock you in, which the plaintiff is forced to do.
 
army judge said:
Have you considered doing a "general" denial?

Most defendants take that approach, which by the way eliminates a more detaile dnarrative.

A sample from yoru CALIFORNIA court website:
...
...
http://www.courts.ca.gov/documents/pld050.pdf
...
...
Legal Dictionary - Law.com
...
...
A CA lawyer explains and offers examples:
...
...
April | Civil Litigation Attorney | City of Industry Lawyer
...
...
An exception involves "verified complaints".
You are required not just to wiggle and squirm when confronted with a "verified complaint", you might have to snap your fingers, and do it Elvis style!!!
...
...
answer to verified complaint in California Archives - Legaldocspro Blog
...
...
I believe in brevity.
The less you say, the fewer mistakes you make, the fewer targets you offer for the adversary to attack.
I'm also lazy, and don't like to tip my hand.
A general denial keeps the plaintiff guessing, and doesn't lock you in, which the plaintiff is forced to do.
Click to expand...
I would have loved to do a general denial, but I' pretty sure their complaint was verified and the amount exceeds $1,000. I'm trying to roll with the "Defendants are without sufficient information to either admit or deny the allegations contained therein and therefore deny them" in response to their complaint. I threw in a few affirmative defenses as well... I'm really hoping to just buy myself some time so I can hopefully negotiate a payoff and settle out of court... fingers crossed.
 
adjusterjack said:
Looks fine. And certainly in line with Army Judge's recommendation.

No guarantees, of course.
Click to expand...
As long as it gets accepted by the court. Like I said, I'm hoping it will buy me some time to hopefully settle out of court. Do you think I checked all the correct boxes? I remember you suggested possibly going with the 3.b.(1) box? Do you think it really matters?
 
Thanks again... I really do appreciate the second pair of eyes looking it over. Also, the information you posted really did help.
 
Mat1428 said:
As long as it gets accepted by the court. Like I said, I'm hoping it will buy me some time to hopefully settle out of court. Do you think I checked all the correct boxes? I remember you suggested possibly going with the 3.b.(1) box? Do you think it really matters?
Click to expand...

It doesn't. The clerk won't read it. The judge won't read it. The plaintiff will read it and proceed accordingly.
 
Mat1428 said:
As long as it gets accepted by the court. Like I said, I'm hoping it will buy me some time to hopefully settle out of court. Do you think I checked all the correct boxes? I remember you suggested possibly going with the 3.b.(1) box? Do you think it really matters?
Click to expand...

What are these crooks seeking to gouge out of yoru hide, mate?

How are your finances otherwise?

What's your approximate FICO?


You don't need to answer, because if financial trouble is brewing bankruptcy, chapter 7 to be exact could be the antidote that dispatches this greedy lout.
 
You can always seek through discovery the ORIGINAL credit application you allegedly signed to procure the alleged debt the scammer now seeks you to repay.

That one tends to get 'em all the time, because without evidence of you ever entering into a contract, there can be no debt, and no recovery.

These second and third hand scavengers have nothing more than a spreadsheet listing names and debts for which they expended less than three cents on the dollar looking to make an easy killing of a financial giant, or someone that is easily bullied and cowed.

As besieged homeowners facing foreclosure demanded, "produce the original note".




Beleaguered purported debtors should always demand the "scavenger collector" to produce the "credit app".

I used to love defending these cases, because they were always easy, low hanging fruit wins.

These clowns don't want you to fight, they simply want you to "drop trou", bend forward, "spread 'em cheeks", and say, "Go ahead, breed me boss, breed and seed me"!!!
 
army judge said:
What are these crooks seeking to gouge out of yoru hide, mate?

How are your finances otherwise?

What's your approximate FICO?


You don't need to answer, because if financial trouble is brewing bankruptcy, chapter 7 to be exact could be the antidote that dispatches this greedy lout.
Click to expand...
I am currently a full-time student. It's a credit card debt that I would have been willing to negotiate... I am still willing to negotiate a payment of the debt. They seem hell bent on suing me for it as well as seek damages and attorney fees.
 
army judge said:
You can always seek through discovery the ORIGINAL credit application you allegedly signed to procure the alleged debt the scammer now seeks you to repay.

That one tends to get 'em all the time, because without evidence of you ever entering into a contract, there can be no debt, and no recovery.

These second and third hand scavengers have nothing more than a spreadsheet listing names and debts for which they expended less than three cents on the dollar looking to make an easy killing of a financial giant, or someone that is easily bullied and cowed.

As besieged homeowners facing foreclosure demanded, "produce the original note".




Beleaguered purported debtors should always demand the "scavenger collector" to produce the "credit app".

I used to love defending these cases, because they were always easy, low hanging fruit wins.

These clowns don't want you to fight, they simply want you to "drop trou", bend forward, "spread 'em cheeks", and say, "Go ahead, breed me boss, breed and seed me"!!!
Click to expand...

Exactly... I have no clue who this "debt buyer" is. All they provided me in the complaint was an exhibit "A" which was 2 statements from my credit card company. Do you know if that counts as verification for a complaint? How could I make this "You can always seek through discovery the ORIGINAL credit application you allegedly signed to procure the alleged debt the scammer now seeks you to repay" a focal point in my response to their complaint or potentially my affirmative defense?
 

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