Answer to a summons letter?

[K8T]

Ok, so our courts don't have a "form letter" to use when answeing a summons, so I had to write my own. I was wondering if I could get some opinions on it. Thanks!
Katie
(BTW- I live in Ohio if that makes a difference)



As my answer to the allegation made in the complaint, I offer my answer in regards to case number -----------.
I am asking the creditor, --------------to verify the debt. I am also asking how they came up with the exact sum of money they are suing for. There is need for clarification on the amount.
Once the information is provided by -----------------, I am asking for a 30-day delay to have a Certified Public Accountant calculate the balance, fee and interest that ---------------------provides.

[keepmine]

I think I would deny any knowledge or recollection of the alleged debt and demand plantiff provide proof of the alleged debt and provide an explanation of how they arrived at the amount stated in the complaint.
You admit to any part of this at this stage and you're going to be looking at a motion for summary judgment from the plantiff.
I assume you are trying to buy time to file a bk????

[K8T]

You guessed right keepmine. I need about another month to get the funds together to file bk.

[K8T]

Here's the revised letter with your suggestion:

As my answer to the allegation made in the complaint, I offer my answer in regards to case number -----.
I have no recollection of the alleged debt, and ask the plaintiff to provide proof of alleged debt and provide and explanation of how they arrives at the amount stated in the complaint.
Once the information is provided by -----, I am asking for a 30-day delay to have a Certified Public Accountant calculate the balance, fee and interest that ----- provides.

[JRScott]

When was the summons served?

When do you have to provide a response by?

[K8T]

JR Scott,
The Summons was served on June 26th, and I have until July 24th to respond.

[keepmine]

Once the information is provided by -----, I am asking for a 30-day delay to have a Certified Public Accountant calculate the balance, fee and interest that ----- provides.

Strike that last sentence. Don't even insinuate that any balance is legimate because, you don't know a damn thing about any of this.
One thing in your hip pocket if they are claiming attorney fees on the summons. A recent court ruling in Ohio has this collectors site in a tizzy.

http://www.insidearm.com/forum/messageview.cfm?catid=9&threadid=6741

If so, consider filing a counterclaim for $1000 for the FDCPA violation. That'll jerk a knot in their nightie!

[K8T]

The summons says "plus the cost of this action". Would that count?
Thanks again for the valuable information!

[keepmine]

I'd just wait and see what the say when they itemize the amount they're trying to claim
I likely shouldn't have mentioned that lawsuit. CPO can probably answer this better than I can but, if you have a cause of action within 180 days of filing, that lawsuit is likely the property of the bk estate unless you have some wildcard exemption that would cover it.
I'll try and hunt the case down. Maybe get in touch with the firm that handled the lawsuit and see if they're interested. An FDCPA claim allows them to recover legal fees from the collector.
I think this answer will buy you the time you need.
There is a very good litigation forum at www.creditboards.com you want the "help I've been served "forum.
Just be sure your lawyer knows about the suit and can file the approirate motion to get it dismissed once the bk is filed. In my corner of paradise, the lawyer files a motion titled, "A suggestion of bankrutcy" with the court and serves the plantiffs attorney as well. It has the case number and the applicable part of the bk code halting collection activities. The judge will then dismiss the case without prejudice {meaning if the bk is dismissed, it can be refiled}.

[no_it_all]

I have no recollection of the alleged debt

.

Well,with an answer like that,the judge will know you are a lying and probably just rule for the plaintiff out of spite. Don't mock the court

Your summons probably had three or four items listed. Usually with numbered bullets. Make it clear which item you are contesting. Your answers should include the paragraph number that you are contesting.

1. The Defendant admits to having a debt with the Plaintiff but is without knowledge to the accuracy of the rest of this statement.

You cannot file answers willy-nilly for the purpose of delay. Do that and you can be held in contempt and for sure the judge will rule against you. It is his house and he takes it seriously. Do a search of my posts, I have an example of an answer that I used for a car repo...it was a beautiful piece of fiction, but it worked... good luck