Re: Super problems with answer letter

Posted by qutgnt (64.12.116.84) on June 15, 2004 at 13:02:44:

In Reply to: Super problems with answer letter posted by qutgnt on June 15, 2004 at 12:29:30:

I am have severe problems with writing up my answer that is due in a few days. I am in Illinois and am being sued by a scumbag law firm of Sherman. I have looked over many sample letters and such but am skittish over what I need to put down for affirmative defenses. I am assuming I will plead lack of knowledge on my answers, but am really lost on how I go about phrasing my answer. I will type my complaint here and please if you have any advice on how I can respond to this please let me know.

Now comes the Plaintiff, Sherman as Assignee of B of A, by and through its Attorneys, ABC, and for its complaint against the Defendant, Me, alleges and states as follows.

1. That at the specific instance and request of the Defendants, B of A directly or through a retail merchant issued to Defendants a certain credit card charge acct. That the Plaintiff, Sherman As Assignee of B of A, is now the bona fide holder of htis claim.
2. That Defendant made various charges with said charge card since the date of issuance and after accounting for any payments made, there remains an unpaid and past due balance in the sum of xxx dollars as set forth in Exhibit A.
3. That subsequent to default, Plaintiff received additional payments of zero dollars leaving an upaid balance of xxx dollars.
4. That demand for payment has been made upon Defendant but Defendant has failed or refused to pay said remaining balance.
5. That plaintiff claims reasonable attorney fees in the sum of 350 dollars as provided for in Exhibit B.

After the Summons is an Affidavit of Sale /assignment and of account balance due. It baiscally states that some attorney for Sherman in South Carolina attests to the validity of the debt and that Bof A has no further interest.

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