IV. SHOULD I ANSWER THE COMPLAINT? Defendants deny the remaining allegations of Paragraph 9 of the Complaint. Keep a copy of your answer for your records. If you do not file an answer by the deadline, the Plaintiff can ask the court to enter a default judgment against you. The Plaintiff did not sell my collateral in a fair way. [5] It … I answered the complaint by looking at each count and stating my defense. Read the background below. We want to help you win your debt collection lawsuit, not pay money that you don't owe, and protect your wages from garnishment. ANSWER & COUNTERCLAIM TO COMPLAINT TO COLLECT A DEBT 7. Debt collection law firms may file hundreds of lawsuits a day, assuming most of the defendants won't answer and they'll win a judgment by default. • The debt is more than 4 years old (i.e. Served with a Civil Summons or Complaint? ); Answer form (This online Answer Writer, created in collaboration with SMU's Dedman School of Law, asks you a series of questions that are then used to create your custom Answer.) We Are the Largest Provider of Civil Answer Forms in the United States, Since 1995. accord and satisfaction • I paid an amount of money less than the amount DO I NEED TO ANSWER THE COMPLAINT? the debt is more than 4 years past due). 8. We Have Answer Forms For Responding to Debt Collection, Foreclosure, Divorce, and Breach of Contract Complaints For All 50 States. Debt collection lawsuits are difficult to navigate, partly because the relevant laws change from state to state. Defendant's Request for Production of Documents from Debt Buyer 63 Defendant's Answers and Counterclaims (Debt Collection Harassment) 65 Defendant's Motion to Dismiss 71 Sample Motion Opposing Summary Judgment on an Account Stated Claim 72 APPENDIX The Life of a Debt A-1 FDCPA Claims Arising Out of State Court Collection Litigation A-2 The complaint fails to state a claim on which relief can be granted. • The Bank of New Debt is suing Kerry so she wrote “Bank of New Debt” on the line before “plaintiff”. I used collateral to get this loan, and the Plaintiff took my collateral but did not follow the rules (Alaska Statute 45.29.601-.628) for selling it because: I was not given appropriate notice about the sale of the collateral. An Answer is designed to help you in responding to a debt collection claim. The defendant is indebted to plaintiff. Each number on the complaint is considered a count against you. The “_____defendant” line needs to say who is being sued. If you don’t owe the debt over which you are being sued or have a complete defense (see“Most Common Defenses to Collection Complaints” on page 2), you should of course answer the complaint. 2. example, someone else with the same name or someone with a similar name as you. That's why we put together this guide for how to answer a summons for debt collection in all 50 states. Debt collector response template You’re saying: “This is not my debt.” Use the sample letter on the next page if you want to tell a debt collector that you aren’t responsible for this debt, and that you don’t want to be contacted again. the complaint before the word “plaintiff”. • The complaint does not state why they are enti- tled to collect any money from me. Customer Service: customerservice@asaplegalforms.com Copy the name listed on the complaint before the word “defendant” on the form. By responding to the complaint, you force the debt collector to prove its case against you. Talk to a lawyer if you do not know when your deadline is. If you have been served, you have a limited time to file an answer. It does not cost anything to file an answer. Look at the complaint. How to use this template: 1. 5. 10. Now on to examples of how you can answer this summons and complaint. Two Answer forms are included below: Answer form (PDF version, fillable if opened with Adobe Acrobat Reader. Plaintiff is Not Licensed by Department of Consumer Affairs as a Debt Collector: this is applicable only where the Plaintiff is not the original creditor, and is instead a debt collection Plaintiff is a resident of Texas and works at Banditos Tex-Mex Cantina in Plano, Texas. There should be numbers such as: The plaintiff is the assignee of _____ Bank. The allegations of paragraph 10 of the Complaint require no answer of Defendants but to the extent that they require an answer, Defendants deny those allegations.
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