Author Topic: Cross post. Need help answering summons.  (Read 2864 times)

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wombat_ma

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Re: Cross post. Need help answering summons.
« Reply #15 on: June 07, 2016 02:02:23 AM »
Someone here got lucky (Wombat-ma) and force arbitration on BOA.

Not BOA, another OC, who had the arb clause removed in 2010.

Btw, they now got a JAMS invoice for a $5500 or so and approached me asking whether I want to settle.. :vbrofl:
I am not an attorney. My posts here are not legal advice.

howucantoo

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Re: Cross post. Need help answering summons.
« Reply #16 on: June 07, 2016 02:30:46 AM »
Not BOA, another OC, who had the arb clause removed in 2010.

Btw, they now got a JAMS invoice for a $5500 or so and approached me asking whether I want to settle.. :vbrofl:

Same thing , it 's removed arb defense.

 Why not share how you got this judge to remove you from his docket ? The OP can use any advice you can give him.

Time to pay it forward.
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If you need legal help, you should seek legal counsel.
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461nj

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Re: Cross post. Need help answering summons.
« Reply #17 on: June 07, 2016 04:36:23 PM »
OK Guys. I had to answer the summons by Friday so I filled out a general response - since I did not have any "detailed" answers, I answered as follows;

1. Defendant DENIES the allegations contained in Paragraph 1 of the complaint as Defendant is without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged assignments and entitlements.

2. Defendant ADMITS the allegations contained in Paragraph 2 as Defendant is an adult individual residing in this county.

3. Defendant DENIES the allegations contained in Paragraph 3 as there is not, nor has there ever been any agreement, written, oral or implied with Plaintiff and Defendant

4. Defendant DENIES the allegations contained in Paragraph 4 as there is not, nor has there ever been any agreement, written, oral or implied with Plaintiff and Defendant

5. Defendant DENIES the allegations contained in Paragraph 5 as Plaintiff has failed to provide Defendant with any kind of account numbers or documentation for the alleged debt and how it was calculated to the alleged amount.

6. Defendant DENIES the allegations contained in Paragraph 6, Plaintiff did not provide Defendant with any kind of documentation such as statements, change of term notices or any kind of other documentation regarding this debt.

7. Defendant LACKS OF KNOWLEDGE about the alleged payment and payment date. Plaintiff has failed to provide defendant with any kind of documentation for alleged payment or payment date.


AFFIRMATIVE DEFENSES:

1. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with Plaintiff

2. Plaintiff's complaint fails to allege a valid assignment of debt and there are no averments as to the nature of the purported assignment or evidence of valuable consideration. Plaintiff's complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide.

3. Plaintiff's complaint further fails to allege that the assignor even hast he knowledge of this action or that the assignor conveyed all the rights and control to Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against Defendant.

4.Plaintiff has not proven that they are authorized and licensed to collect claims in the state of New Jersey, solicit the right to collect or receive payment of a claim of another.

5. The complaint fails to allege or prove that the Plaintiff is licensed and has procured a bond in the state of New Jersey Fair Debt Collection Practices Act.

6. Plaintiff failed to reference with complaint proof of alleged assignment, original contract signed by defendant, account numbers, account measures to come up with such sum, lack of bona fide proof this alleged debt is indeed Defendant's. The complaint does not disclose this information and it cannot be assumed without creating an unfair prejudice against Defendant.

7. Plaintiff failed to state a claim upon which relief can be granted.

8. Plaintiff's complaint is time-barred by the applicable statue of limitations on credit card debt.

9. Plaintiff's complaint violates the statue of frauds as the purported contract or agreement falls within a class of contracts or agreements that are required to be in writing. The purported contract alleged in the complaint was not in writing and not signed by Defendant or by some another person authorized by Defendant and who was to answer to the alleged debt, default or miscarriage of the other person.

10. Defendant reserves the right to plead other affirmative defenses that may become applicable or available at a later time.

461nj

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Re: Cross post. Need help answering summons.
« Reply #18 on: June 07, 2016 04:37:21 PM »
I realize most of them are for debt collectors, not for original creditors but I just had to "answer" before it goes default.


Also the original contract has arbitration clause and about survivability. All it says is "this arbitration and litigation section applies to all claims now in existence or that may arise in the future. This arbitration and litigation section shall SURVIVE the termination of your account with us as well as any voluntary payment of the debt in full by you, any bankruptcy by you or the sale of the debt by us.


What do you think?

Bruno the JDB Killer

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Re: Cross post. Need help answering summons.
« Reply #19 on: June 07, 2016 05:29:26 PM »
https://www.judiciary.state.nj.us/prose/10554_ans_cmplt.pdf

Should have used the court form. Your defenses are awful, you're asking for a motion to strike. I think you can amend / replace your answer within a certain number of days.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

461nj

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Re: Cross post. Need help answering summons.
« Reply #20 on: June 07, 2016 05:37:16 PM »
It was just to avoid default - on the very last day.

I don't know how to answer them so I had to put in something.


fisthardcheese

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  • They forced arbitration into your contract. Use it
Re: Cross post. Need help answering summons.
« Reply #21 on: June 07, 2016 06:12:33 PM »
It was just to avoid default - on the very last day.

I don't know how to answer them so I had to put in something.

You were given some good advice on your answer in one of the other 3 posts you started regarding this same case.  I guess you chose not to take that advice.
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)