It's been a couple of years since I've been on here but I'm hoping I can still get some good guidance in un-screwing the mess I'm in. I got served with a civil summons a couple of weeks ago and have been overwhelmed with life for the past couple weeks. I just realized that the drop dead date to respond is tomorrow (assuming the courts are open) and need to figure out what to send them as a reply. I disputed the original amount of the debt by regular mail months ago. (Yep. I know it should have been CRRR but I wasn't back on board the creditnet train then.) Basically, they said that: "The Plaintiff, by counsel, for its cause of action against the Defendant states as follows:" 1. The plaintiff owns an account that has a balance owing against the Defendant 2. He owes us money, plus interest 3. We're in the proper venue. 4. Judge, give us a judgement. Anybody know of a good format to reply to a one-page complaint? Thanks for any help you can provide.
I suggest you go down to the courthouse first thing in the morning and file a Motion for Continuance on the grounds that "Defendant needs more time to retain Counsel and obtain documents necessary to formulate a defense to the Plaintiff's allegations". There may be a fee for requesting a continuance; bring money just in case. Then use your 1-month continuance to formulate a suitable defense. If you cannot afford an attorney, and can't get Legal Aid or some similar entity to assist you, then go to the website debtorboards.com and look for the page titled "Chain of Custody: The JDB's Achilles Heel". This is one of the best defenses to attack a Junk Debt Buyer's case against you.
