Re: Pressler/Citibank and summons: HELP

Posted by KillingFieldSkull (68.210.39.127) on August 07, 2004 at 05:06:51:

In Reply to: Pressler/Citibank and summons: HELP posted by Maaad on August 06, 2004 at 23:24:06:

If you were properly served, you have to answer the complaint to avoid a default judgment. Typically, rules of civil procedure gives you 20 days to answer.

Search for the Rules of Civil Procedure for your state. WhyChat may have a link to it on his website.

Study the complaint carefully to identify each and every cause of action and each and every material evidence exhibit.

You raise a general denial to the complaint and deny knowledge, as you are doing in your post.

This is how the legal system works for a defendant: deny the plaintiff's complaint and plead no knowledge.

Then list applicable affirmative defenses that the plaintiff must overcome to meet his burden of proof.

Statute of Limitations affirmative defense is the primary defense when you breach an agreement.
If you are in a bifurcated open account/written contract SoL state, assume the longer written contract SoL applies, except if there is no written contract cause of action in the complaint. Which is why it important to closely scrutinize the complaint.

Your biggest ally will be your state's rules of evidence - find them on the internet.

The plaintiff has the burden of proof. You use rules of evidence to make it costly to them and possibly win. Use Civil Procedure time rules to file a Motion for Summary Judgment if they default on the time rules trying to get first hand proof of your debt which most junk debt buyers don't have.
Civil procedure time rules limit times for filing pleadings. Hopefully, your judge will strictly enforce them. Insist that he does.

All affidavits of business records to prove the debt must come from a custodian of records from the original creditor since that person must have personal knowledge of the how the debt occured and the accuracy of the debt.

The plaintiff must prove that you owe the debt and the alleged amount is accurate.

If they try to throw in prejudgment interest at a contract rate which the corrupt JDBs do, you attack it by demanding proof of express contractual clauses that authorize it.

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