How do I answer a complaint regarding a debtifI never received anything else from these people?
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How do I answer a complaint regarding a debtifI never received anything else from these people?
I received a summons from an attorney for company that bought a loan from a bank. They have listed 3 causes of action – basically cause 2 and 3 are repeated but added that defendant has not objected to an account and then that I agreed pursuant to my contract with this bank that I would be liable for and pay an additional 15% of the amount due and owing, as and for attorney’s fees. They go on to say wherefore the Plaintiff claims: and lists monetary damages + monetary damages of 15% attorney fees, +cost of suits + statutory post judgement interest of 10% per anum + such other relief. There is no account number but a dat of 10/31/06.
Asked on February 22, 2011 under Bankruptcy Law, Connecticut
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
So the paperwork that you have gives you no clue as to the account or the debt owed? There is, though, an index number or a docket number and the name of a court in your area on the paperwork (which should be a summons and complaint)? Then you need to go down to the courthouse listed and ask the clerk to file an "answer" to the complaint. In the answer you are going to raise what are known as affirmative defenses as follows: 1. that the complaint lacks specificity and thus fails to state a cause of action as against this defendant; 2. that the action herein is barred by the applicable statute of limitation; 3. that the defendant is not a [proper party to the action; 4. that the court lacks personal jurisdiction as against this defendant due to lack of or improper service of the summons and complaint herein. Then you are going to write a letter to the attorney and send it by certified mail return receipt requested requesting that they provide validation of the debt: a copy of the original contract; a copy of all transactions to the account; a copy of their agreement with the creditor authorizing them to collect on their behalf. Good luck.
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