Opinons requested on this summons answer

DEFENDANT XXXXXXXX, appearing pro se, answers the complaint of Plaintiff and, in responses to each numbered paragraph thereof, states:

1. Defendant admits she resides in Genesee County, New York.
2. Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the claim made in this paragraph.
3. Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the allegations contained in this paragraph and based on that denies and generally and specifically each and every allegation contained herein and demands strict proof.
4. Denied
5. Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the allegations contained in this paragraph and based on that denies and generally and specifically each and every allegation contained herein and demands strict proof.

As to 3rd Cause/Action: Defendant realleges and incorporates by
reference the admissions, allegations, and denials in paragraphs 1 through
5 of this answer.
Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the allegations contained in this paragraph and based on that denies and generally and specifically each and every allegation contained herein and demands strict proof.


AFFIRMATIVE DEFENSES
As to Count I:
1. Plaintiff failed to allege ultimate facts to establish existence of a contract.
2. Pursuant to Article 31 New York State Civil Practice Law and Rules, Plaintiff failed to respond to a previous demand for proof of contracts and any other discovery related materials or attach notes, bills of exchange, account statements, contracts, or other documents upon which an action may be brought.

Wherefore, the defendant prays the Court to enjoin the Plaintiff to provide for discovery of valid, signed contractual documents supporting the claims made herein within 30 days and failing to do so render judgement as follows:

1.That plaintiff take nothing by the complaint, which will be dismissed
with prejudice.
2. That the Court order further reasonable relief.

RESPECTFULLY SUBMITTED this 20th day of January, 2008

 

Yes, it's for the wife....I have an attorney friend (ex-cop) who is going to appear for us.

 

The complaint reads as follows....
Plaintiff, by it's attorney(s), complaining of the defendants(s), upon information and belief, alleges:
1. That the defendant(s) resides in the county in which this action is brought; or that the defendant(s) transacted business within the county in which this action is brought in person or through his agent and that the instant cause of action arose out of said transaction.
2. Plaintiff is a national banking association, and is authorized to do business in New York.
3. On information and belief defendant in person or by agent made credit card purchases and/or took money advances under credit agreement at defendants' request; a copy of which agreement was furmished to defendant at the time the account was opened.
4. There remains an agreed balance on said account of $20,224.29
5. Defendant(s) is in default and demand for payment has been made.

3rd cause/action: Plaintiff stated an account to defendant without objection that there is now due plaintiff from defendant(s) the amount set forth in the complaint, no part of which has been paid, although duly demanded.

Wherefore, plaintiff demands judgement against defendant(s) for the sum of $20,224.29 together with the costs and disbursements of this action.
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We believe Forster and Garbus is using Citibank as plaintiff in an attempt to intimidate as my wife's credit report shows that account as charged off and "closed at the creditor's request." We figure it was sold to a third party debt buyer. The original amount at the date of last activity was around 10k, which is what the credit report reflects as "written off." The rest is accrued interest/charges post charge-off. We sent a certified letter requesting detailed information regarding the current owner of the debt as we don't believe it is Citibank. In the letter we requested to be contacted by certified mail only. We received a few phone calls and then the summons on 1/12. The complaint lists a file number not the original account number, although the last 8 digits are the same.

 

I had the same opinion on par. 1 which is why I specifically answered "admits she resides in Genesee County." I was thinking of changing it to the generic response because of their wording and the appearance of a little "trickery."

No, enigma, it was not business use.....it was used to keep personal matters in check while I "robbed Peter to pay Paul" so to speak as the business got me further into trouble. I poured cash into the business and used cards to take care of family/personal matters.

 

Is there a response or Affirm. defense as to the wording of paragraph one being deceptive or duplicitous?

 

I changed the par. 1 response to read as follows....

1. Defendant admits she resides in Genesee County, New York, but is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the other claims and allegations made in this paragraph and based on that denies generally and specifically each and every allegation contained herein and demands strict proof.

 

It was served at my home, to my son while my wife and I were out. We are already pursuing a FDCPA suit against them and we're going to initiate another one as they have continues to call after we sent them a cease and desist letter. I would be interested in the class action, do you have a link?

 

Certified mail...

 

yepper.....

 

I did file it with the clerk and it was time stamped.....