Answer and affirmative defenses
Please help me! I am gonna go nuts reading all of these rules!!! I was given a summons from a CA attorney for old cc debt. I could use some much needed helpful advice about my Answers and Affirmative Defenses for this "Complaint Under Simplified Civil Procedure".
1. Defendant is a resident of-------county with and address of -------
2. The amount claimed herein does not exceed the jurisdiciton of the court.
3.Such claim arises from the folling event or transaction
a. Plaintiff is the assignee and owner of defendant's credit account number xxx---- orignially held by Bank ___N.A. (USA). Defendant agreed to the terms of the cardholder agreement as stated by plaintiff's assignor and used the credit to obtain one or more items of value.
b. Defendant is in default on this account.
c. On November 26, 2004, the amount owing to plaintiff's assignor was $1,860.81, which accrues interest at the penalty rate of 8%, per annum, compounded monthly. As of today the total amount due is $2,111.20, minus any payments made. Defendant is obligated for attorney's fees as provided by contract.
4. The defendant is not in the military.....
5. The plaintiff does not demand a trial by jury.
FYI - This complaint is the first and only notice (to the best of my knowledge) ever given to me regarding this debt. So I sent them a DV letter (certified return receipt req.) SOL in Colorado for cc debt is 6 years. There wasn't anything else attached to the summons other than the answer page. I went to the courthouse and asked for copies of everything filed concerning the case. She gave me 3 pages. A copy of the summons, a copy of the complaint, (already had those, except now they have a case number on them) and a copy of the return service of summons. That's it.
My Ansers so far: (same format as the complaint)
a.) Defendant hereby denies the statements made by plaintiff in paragraph a.
b.) Defendant here by denies the statements made by plaintiff in paragraph b.
c.) Defendant hereby denies the statements made by plaintiff in paragraph c. Plaintiff has not supplied defendant with any documentation that substantiates the claims made.
I don't believe that this cc account and amount are actually mine. I keep all of my old original cc statements from cc accounts but not a one of them reflect the account number (stated as â€œcredit account number of original creditorâ€) in the complaint. This CA is going to be fishing for a case. I donâ€™t want to end up giving them one by filing unnecessary stuff in the wrong way.
I don't have a clue as to how to word my Affirmative Defenses. I donâ€™t even know for sure what they are. I'm not even sure if I have enough in my answers! Thank you so much if you can help.