here is my answer I made up to my summons (scanned here: s536.photobucket.com/albums/ff321/taekyon2/) I figure since I am pro se might as well have some fun with it and try and make the judge guide me. Anything stand out as a HUGE mistake, or anything I could add? IN THE THIRTEENTH JUDICIAL DISTRICT DISTRICT COURT, XXXXXX COUNTY, KANSAS Case # XXX MIDLAND FUNDING LLC, ASSIGNEE OF HOUSEHOLD BANK Plaintiff Vs. (Me ) KS Defendant . JURY TRIAL DEMANDED ANSWER DEFENDANT (me), appearing pro se, answers the complaint of Plaintiff and, in responses to each numbered paragraph thereof, states: Count 1 1. Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the information contained in this paragraph 2. (me) is a resident of () County Kansas 3. Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the information contained in this paragraph 4. 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. 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 Count 2: 1. Defendant incorporates by reference paragraphs 1 and 2 of count 1 as if set out in full herein. 2. 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. 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. 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. 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. 6. 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. Defendant also states: 1. That there has never been a contract between himself and Midland Funding LLC 2. Plaintiff has failed to attach any contract or proof to the complaint 3. Defendant is requesting a full account history including the account, the balances, the original balance, late and over the limit fee's and copy of the original contract signed by defendant 4. Defendant also requests that the affidavit from plaintiffs employee be considered inadmissible hearsay as it was made â??out of courtâ? with no chance for defendant to cross examine witness. 5. As defendant has yet to see any proof from plaintiff defendant reserves his right to add any and all affirmative defense(s) in the future. 6. I deny this is my debt and if it is my debt, I deny that it is still a valid debt and if it is a valid debt, I deny the amount sued for is the correct amount. _________________________________ Defendantâ??s Signature CERTIFICATE OF SERVICE I certify that on __________________________ I mailed the foregoing answer to the plaintiff/plaintiffâ??s attorney at the following address: XXXXX XXXXX Kansas City, MO 64106-2501
I'm not a lawyer but your "Defendant also states" section sounds like a motion to exclude the affidavit. Just my $.02, I'd take out the "also states" section. If you want to counter sue for some reason, then include a counter claim. If you want to object to the affidavit for some reason, file an objection. If you don't think they have enough evidence, file a motion to dismiss. You might review your court's rules before you send it it. Also, you might take a look at similar filings to see how they were written. You don't want to lose on a technicality (and you know the other side will be waiting for you to slip up).
Uh...I would delete out #6. Everything else is a standard answer in District Court for Kansas counties.
