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Midland Credit Management, JDB, CA...and nobody you want to deal with!

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I was sued by a CA and this is how I answered. I suggest you to avoid all phone calls with them. You can answer them in two lines, but the answer below is an overkill. They will more likely drop the case. Copy and paste this but you need a legal Word template with numbers. I can send you if you need one.
Drop me an email me Denzel1969(at)(hotmail)(dot)(com)


Your Name
City, State, Zip
Telephone Number

In Pro Per



The collection agency name, )
   Plaintiff,               )                     Case Number: xxxxxxx
                                       )                     ANSWER
                      vs.             )
Your Name,                        )   
   Defendant.           )

Defendant Your Name, answers plaintiff’s complaint as follows:
Defendant denies each and every, all and singular, generally and specifically, the allegations contained in the Complaint, each and every part thereof. Defendant further denies that Plaintiff has been damaged in the sums alleged, or in any sum or sums whatsoever.


As and for a First Defense
Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fails to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted.

As and for a Second Defense
Plaintiff’s actions are barred by the applicable statute of limitations including, but not limited to, California Code of Civil Procedure Sections 337, 338, 339, 340, and 342 and California Civil Code Section 1783.

As and for a Third Defense
Plaintiff admits to purchasing the defaulted debt allegedly owned by the Defendant, causing Plaintiff's injury to its own self, therefore Plaintiff is barred from seeking relief for damages.

As and for a Fourth Defense
Defendant claims a Failure of Consideration, as there has never been any exchange of any money or item of value between the plaintiff and the Defendant.

As and for a Fifth Defense
Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff.

As and for a Sixth Defense
Defendant alleges that the Complaint includes references to alleged agreements made outside of the alleged written contract, violating the Parole Evidence Rule.

As and for an Seventh Defense
Plaintiff’s Complaint fails to allege a valid assignment and there are no averments as to the nature of the purported assignment or evidence of valuable consideration.

As and for a Eighth Defense
Plaintiff has failed to name all necessary parties.

As and for a Ninth Defense
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.

As and for a Tenth Defense
Plaintiff's Complaint fails to allege that the Assignor even has knowledge of this action or that the Assignor has conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant.

As and for an Eleventh Defense
The Plaintiff is not an Assignee for the purported agreement and no evidence appears in the record to support any related assumptions.

As and for a Twelfth Defense
Defendant claims Accord and Satisfaction as Defendant alleges that the original creditor accepted payment from a third party for the alleged debt, or a portion of the alleged debt, or that the original creditor received other compensation in the form of monies and/or credits.

As and for an Thirteenth Defense
Defendant invokes the Doctrine of Unclean Hands as the Defendant alleges that the Plaintiff or the person or entity that assigned the alleged claim to Plaintiff acted in a dishonest or fraudulent manner with respect to the dispute at issue in this case.

As and for a Fourteenth Defense
Plaintiff is not authorized or licensed to advertise or solicit, either in print, by letter, in person or otherwise the right to collect or receive payment of a claim for another, nor to seek to make collection or obtain payment of a claim on behalf of another. The Complaint fails to allege any exception or exemption to these requirements. The Plaintiff is not any of the following: an attorney at law; a person regularly employed on a regular wage or salary in the capacity of credit men or a similar capacity, except as an independent contractor; a bank, including a trust department of a bank, a fiduciary or a financing and lending institution; a common carrier; a title insurer or abstract company while doing an escrow business; a licensed real estate broker; an employee of a licensee; nor a substation payment office employed by or serving as an independent contractor for public utilities.

As and for a Fifteenth Defense
Defendant alleges that Plaintiff's Complaint, and each cause of action therein is barred by the Doctrine of Estoppel, specifically Estoppel in Pais.

As and for a Sixteenth Defense
Defendant alleges that Plaintiff's actions are precluded, whereas Plaintiff's demands for interest are usurious and violate state and federal laws.

As and for a Seventeenth Defense
Defendant alleges that Plaintiff or the person or entity that assigned the alleged claim to the Plaintiff is not entitled to reimbursement of attorneys' fees because the alleged contract did not include such a provision, and there is no law that otherwise allows them.

As and for an Eighteenth Defense
Defendant invokes the Doctrine of Laches as the Plaintiff or the person or entity that assigned the claim to the Plaintiff waited too long to file this lawsuit, making if difficult or impossible for the Defendant to find witnesses or evidence or that evidence necessary to provide for Defendant's defense has been lost or destroyed.

As and for a Nineteenth Defense
Plaintiff has no Fiduciary Duty.

As and for a Twentieth Defense
Plaintiff's alleged damages are the result of acts or omissions committed by non-parties to this action over whom the Defendant has no responsibility or control.

As and for a Twenty-first Defense
Plaintiff's alleged damages are the result of acts or omissions committed by the Plaintiff.

As and for a Twenty-second Defense
Defendant alleges that the granting of the Plaintiff's demand in the Complaint would result in Unjust Enrichment, as the Plaintiff would receive more money than plaintiff is entitled to receive.

As and for a Twenty-third Defense
Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date.

WHEREFORE, defendant, (Your Name), prays that Plaintiff take nothing by this compliant, that Defendant be awarded his costs of suit, including reasonable attorney’s fee; and for such other and further relief as the Court may deem proper.

Dated: (Put the date here)

                  By:   ____(Sign)_________________________
                     Type Your Name Here

Mischievous Smurfy:
will ...

could you please restrict your discussion of your case to one thread .... instead of all over the board...

It a little annoying and a lot counterproductive ...

One thing I'd like to add to this thread is that when we speak of SOL here we're sometimes referring to two different things.

There's one SOL, which is used for credit reporting purposes which is set nationally at 7 years.

There's another which is the SOL to file a lawsuit based on a debt, and here's where it gets fuzzy.

In my state, TN, there is no real distinction between contract types really. It's 6 years for written, 6 for open.

In others, you'll see that the SOL to file a claim is varied vastly. For example in KY it's 15 years, where as in other states it's as low as 3.
Then you have to deal with whether or not your state makes a distinction between written and, the term oft used around boards like this, "open-ended,' agreements, and then figure out how your courts will classify credit card debt (through caselaw).


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