Answers to this Summons & Complaint???

First some background info: Account defaulted on, sent to 2 other CA prior to landing with current CA, I sent DV letter within 30 day frame, they responded with a 2 year old account stmt from OC addressed to my mom's house (as she was paying the bill and using the card...til she lost her job), haven't lived there in over 18 years, e lost her job), they also responded witha computer generated stmt that simply list the name of the company and the balance. NOW THE SUMMONS....how should I answer?


The plaintiff, complaining of the defendant, alleges and says as follows:

1. The plaintiff is a New York Partnership, with principal office and place of business in Hamilton County, Ohio.
2. The Defendant is resident of Jackoff County, North Carolina.
3. The defendant entered into a promissory note or other written credit agreement in favor of Citibank (South Dakota), N.A., pursuant to which Citibank extended credit to the defendant. Attached hereto is a true and accurate copy of that credit agreement. (A copy of A but not THE Citibank Card Agreement was attached)
4. Thereafter, this account was sold to and acquired by Unifund, the plaintiff herein, and the plaintiff is now the holder in due course of the account.
5. The defendant is in default under the terms of that note or credit agreement, in that said defendant has failed to make payments due thereunder.
6. Pursuant to the terms and provisions of the note or credit agreement, the defendant is lawfully indebted to the plaintiff in the principal sum of $3,800.00 together with interest thereon at the contract rate of 23.99% per annum. Said sum has been outstanding since May 1, 2006.
7. The written credit agreement between the parties contains provisions for the payment of attorneys fees in the event of default. The balance outstanding is currently $4,000.00, comprised of the principal, together with the interest to date of $200.00. Pursuant to the provisions of G.S. 6-21.2, the plaintiff hereby gives notice to the defendant that it intends to enforce those provisions of the credit agreement calling for the payment of attorneys fees. The plaintiff hereby further notifies the defendant that said defendant may avoid the imposition of attorneys fees by paying the current outstanding balance of $4,000.00 to the undersigned at the address shown below within five (5) days after the defendant has been served with a copy of this complaint and summons. If the defendant pays said sum to the undersigned within five (5) days after service, the plaintiff will neither seek to enforce those provisions, nor pursue further legal remedies against said defendant.
WHEREFORE, the plaintiff prays the Court as follows:
1. That plaintiff have and recover from the defendant the principal sum of $3,800.00.
2. That plaintiff further have and recover from said defendant interest on said sum at the contract rate of 23.99% per annum from May 1, 2006 to the date of judgment, and at the rate of 8% per annum thereafter until paid.
3. That the plaintiff further have and recover from said defendant its reasonable attorneys fees in the sum of $600.00 which sum is fifteen (15%) percent of $4,000.00, the current balance outstanding, pursuant to G.S. 6-21.2.
4. That the plaintiff further recover from said defendant all costs of this action.
5. For such other and further relief as the Court may deem just and proper.


Joe Blow
Attorney for Plaintiff
123 Nowhere Lane
P.O. 123
Civil, NC 27896

 

Also just checked and found out that Unifund is no longer registered/licensed in NC (as of 11/2005). But the lawyer they are using is in NC. How do I use this to my advantage as well?

 

Thanks. Question: If I raise the affirmative defense, who is the burdon of proof on? Is this something I make them prove in discovery?