desperately need advice on summons/complaint question

[mcdulph]

FWIW, here is the "blurb" we learned in my "baby paralegal" class to use when answering a complaint with a "general denial". Again, this is not legal advice, blah, blah, blah, but maybe it'll help you. This blurb would go below the "caption" which names the court, defendant, plaintiff, yada yada. BTW if you have Microsoft Word, you can use the "Legal Pleadings" template/wizard to do a lot of this stuff.
=========================================
COMES NOW <Your Name Here>, defendant, and in answer to the plaintiff’s complaint filed herein, generally denies each and every allegation contained in said complaint except those allegations which constitute admissions against the interests of plaintiff.

WHEREFORE, having fully answered said complaint, defendant prays that the same be dismissed with prejudice to future action; for recovery of defendant’s attorney fees and costs herein; and for such other and further relief as to the Court may seem just and equitable.

(and then you put your signature block below and to the right)

[fedupw/ccdebt]

Thank you very much HHM...don't know what I would do without this site...

[HHM]

Just make a general denial. If all your doing is trying to buy time, your answer does not have to be perfect.

Although you can go line by line and issue a response for each allegation, so when you come to an allegation that your not sure about, all you need to say is "As to paragraph <#> of plaintiff's complaint, Defendant lacks sufficient knowledge to admit or deny plaintiff's allegation contained therein and therefore denies said allegation"

You probably do have until Monday, but why push it, get the answer filed on or before Friday.

[fedupw/ccdebt]

Quick question as I try to figure this all out... This Chase card goes back to around 1983 - 1984 when my wife first got it. It was originally a First Card, then went to Bank One and finally Chase...got sold or merged a few times I guess.

My question is, how do I address the original creditor issue in the answer? It states the defendant applied for a credit card with the Plaintiff when actually that is not technically true...right?

Again, I am just trying to make sure I answer this as accurately as possible but still not giving them any leeway (sp?).

Finally, since our "20 day response time" is technically this coming Sunday, March 2...would that mean we actually have until Monday, March 3 due to the weekend issue?

Thanks for any thoughts...

[fedupw/ccdebt]

I appreciate the replies...I will definitely be filing an answer, just want to make sure I do it correctly.

As I said before, we are not disputing the debt...it is ours. I wish I could count the number of times I tried to work with Chase on this...but can't count that high. I actually had one Chase rep laugh at me while on the phone. Basically told me tough $@%^!.

[Lindsay]

We have been sued twice by Chase on two different accounts. I answered both summons to buy some time, but we've already retained a lawyer to file bankruptcy. We owe $400 more for our bankruptcy legal fees and we'll be paying that by the end of next month. We haven't mentioned anything to Chase's lawyers about the bankruptcy. I probably should have though.

[Minnymouth]

Yep, you can retain your attorney, but you don't have to file just yet...... will buy some time. Just the suggestion of filing BK will help slow them down.... they don't want to waste their money on legal fees, if it will get discharged in BK.
Also, answer the complaint within the proper time span. Dispute that the documents are not yours and belong to someone in another town... show example of order with wrong address....
Will help buy time.....

Keep us posted.

[ssdsco]

I know you have a lot going on right now but retaining a BK attorney now even though it may be many months before you file and letting Chase know you're filing and they can confirm that with your attorney might buy you some time. Chase may decide not to spend the bucks on the judgement if it's going in the BK bucket.

[mcdulph]

Here's what I would do. Get the appropriate "NOLO" book (bookstore or library) and file an answer to the complaint. You might possibly want to use a format called a "special appearance" and/or a "general denial". These are kind of silly motions; but it's just a way to buy time, and that's what you need right now.

Under NO circumstances do you want to let this complaint go unanswered, 'cause then the creditor has you. There's no need for them to negotiate once they have a default judgment. You are strapped in the electric chair and they are fixin' to throw the switch.

CAVEAT: I just started studying to be a paralegal, and this "special appearance" and "general denial" stuff is something we learned about in my beginning intro-to-being-a-paralegal class. I am in no way qualified to give legal advice. But that's what I'd do if I were you. GOOD LUCK!

[fedupw/ccdebt]

To all...I am sorry I am bringing this back up in such an untimely fashion, however, I really need some help. I had hoped to answer this complaint at least a week ago, but in that time it seems my life has taken on several different "twists"...my father, who lives in Mississippi, suffered a severe stroke. I have been down there for the last week and just got back to Indiana last night. While I was gone, my youngest son was in a car crash and is now in ICU. He will be ok but it has scared us beyond belief. I seriously think that I am starting to lose it...

I am going to/need to answer this complaint from Chase by at least this Friday, 2/29/08...the 20 days is actually up on 3/2/08, but that is a Sunday. I am looking for some help/ideas on the best way to go about this... As I indicated in previous posts, the debt is ours...I am not denying that. We had tried to work with Chase numerous times to no avail. What I am trying to do now is basically stall for time. And please, no putdowns or flames right now...that is the last thing I need.

A couple of things to point out in the actual complaint that we received... Where it lists my wifes name, it lists her name correctly, the street correcly, but it has a completely wrong town and zip code. Also, under item #2 and also in the last paragraph, where it states "plus accrued interest in the amount of $0.00 through January 28, 2007, and interest thereafter at the rate of 8.00% per annum"...do you think they misdated that? Wouldn't it be through January 28, 2008? Finally, they seem to have misidentifed the Exhibit A & B...the actuall "Cardmember Agreement" is marked as Exhibit B, while a copy of the September, 2007 card statement is attached, but not marked...it looks like it should have been marked as Exhibit B...that's my guess.

Anyway...I truly apologize for this being so lengthy but I am really not functioning well right now. Any help is appreciated and welcome.

[ssdsco]

Ssdsco...we have been putting it off for various reasons, too many to go into here. But am guessing will have to move on it quickly.

It is now listed on the County courts website as "pending"...no date set yet. I am assuming that doesn't happen until after I have answered the complaint, correct? How exactly does that work? When/how does a date get set?

Good idea to find and monitor the website. I called my county court clerk's office and got the info on how the process from summons to garnishment works and approximate time frames.

[fedupw/ccdebt]

Ssdsco...we have been putting it off for various reasons, too many to go into here. But am guessing will have to move on it quickly.

It is now listed on the County courts website as "pending"...no date set yet. I am assuming that doesn't happen until after I have answered the complaint, correct? How exactly does that work? When/how does a date get set?

[TabulaRasa]

Tab...just curious, why is that reassuring? Did you get served also?

I've got to get ahold of myself and get this figured out...

Because I stopped paying my unsecured debt in January (kinda like a New Year's resolution, if you will) and plan on filing at then end of April.

[ssdsco]

When do you plan to file BK ? You still have a few months before garnishing wages or raiding bank accounts.

[fedupw/ccdebt]

Tab...just curious, why is that reassuring? Did you get served also?

I've got to get ahold of myself and get this figured out...