My husband received a Summons on Complaint, naming Unifund as the Plaintiffs. I've been reading up on Unifund and they appear to be at the very bottom of the low life chain. Their only exhibit is an unsigned, undated very bad copy of a credit card agreement. Since it appears they have filecases of old agreements, I doubt it's genuine. I've scanned the 3 pages of the suit and the agreement separately. More or less, I would like to request they verify this debt and their right to collect anything. I've seen many users here help newbies build their responses in cases like this so was hoping to find similiar help. We're just digging our way out of a huge hole we were in for 3 years due to chronic illnesses so if there's any way I can accomplish this reply myself, it would be a tremendous help. I've found great responses to start with but not for my state of Ohio. Can anybody give a hand? Thanks in advance! OK, I couldn't do an attachment so I made a short website with the papers. http://www.amplex.net/tscook/ Thanks in advance again!
You need to file a responsive pleading or dispositive motion. There are templates on the board. If you do not, default judgment may be taken against you. The point for validation has know past. A simple letter won't suffice. You can target validation during discovery if the case progesses that far.
How do you find a template on here other than an offer to settle or request to remove from CRA? I've searched for both suggestions from apex and even bought a "Be your own lawyer " cd. I'm in the middle of using MS Word legal pleading Wizard but would like to refer to a template or sample to be sure I do it properly. Thanks for any assistance!
Would this be a good response to paragraphs in general, in your opinions? 12.Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph ## of the Complaint and leave Plaintiff to its proofs.
Many many thanks! OK, I had each paragraph answered with that but I like your wording much better. I did still call it a Motion for More Definite Statement. Thanks again!
It is not a Motion it is an Answer and has to be called such. Do you have any Affirmative Defenses? Which paragraph of the complaint is unclear? And, how is it worded?
OK, I did call it an answer also as suggested by the Word wizard. I'll take out the motion part then. All of the court docs are posted at www.amplex.net/tscook as jpg's. This doc will soon follow just for the purpose of discussion, at least for a short time. I'm not sure what you mean about affirmative defenses.
http://www.lectlaw.com/forms/f016.htm [Attorney name] [Address] [Telephone number] Attorney for Defendant, [name] xxx Court, County of xxx [xxx District] xxxxxx ) No. xxx Plaintiff(s) ) vs. ) ANSWER TO COMPLAINT ) xxxxxx ) Defendant(s) ) __________________________________) Defendant, [name], answers the complaint of plaintiff, [name], in this action as follows: RESPONSE TO PRELIMINARY ALLEGATIONS 1. Answering paragraph 1, defendant is without sufficient information or belief to admit or deny the allegations in this paragraph. Based on this lack of information or belief, defendant denies the allegations. 2. Answering paragraph 2, defendant admits that he is an individual residing in xxx County, California. Defendant denies the remaining allegations in this paragraph. 3. Answering paragraph 3, defendant admits [specify]. Defendant denies the remaining allegations in this paragraph. 4. Answering paragraph 4, defendant admits that plaintiff is an individual. Defendant is without sufficient information or belief to admit or deny the remaining allegations in this paragraph. Based on this lack of information or belief, defendant denies the remaining allegations. 5. Answering paragraph 5, defendant denies the allegations in this paragraph. RESPONSE TO FIRST CAUSE OF ACTION 6. Answering paragraph 6, defendant realleges and incorporates by reference the admissions, allegations, and denials in paragraphs 1 through 5 of this answer. 7. Answering paragraph 7, defendant denies the allegations in this paragraph. 8. Answering paragraph 8, defendant denies the allegations in this paragraph. 9. Answering paragraph 9, defendant admits [specify]. Defendant denies the remaining allegations in this paragraph. RESPONSE TO SECOND CAUSE OF ACTION 10. Answering paragraph 10, defendant realleges and incorporates by reference the admissions, allegations, and denials in paragraphs 1 through 9 of this answer. 11. Answering paragraph 11, defendant is without sufficient information or belief to admit or deny the allegations in this paragraph. Based on this lack of information or belief, defendant denies the allegations. 12. Answering paragraph 12, defendant denies the allegations in this paragraph. FIRST AFFIRMATIVE DEFENSE Other Action Pending 13. This action is barred by a prior action pending before this Court which involves the same transactions, issues, parties, and property that are the subject of the complaint. The other action is presently pending in this branch, Case No. xxx, filed by plaintiff against defendant. Both parties to this complaint have appeared in the other action. Defendant requests that the Court take judicial notice of the other action under Evidence Code section 452. A copy of the complaint in that action, filed [date], is attached as Exhibit A. SECOND AFFIRMATIVE DEFENSE Lack of Standing 14. This complaint is barred by the fact that plaintiff lacks standing to bring an action. Plaintiff is not a party to the transaction and is not connected to the transaction. Defendant owes no duty to respond to plaintiff's allegations regarding the transaction. THIRD AFFIRMATIVE DEFENSE Fails To State Cause of Action 15. The complaint is barred by plaintiff's failure to state a cause of action against defendant. FOURTH AFFIRMATIVE DEFENSE Laches 16. The complaint is barred in whole or in part by laches. FIFTH AFFIRMATIVE DEFENSE Unclean Hands 17. The complaint is barred in whole or in part by plaintiff's unclean hands. SIXTH AFFIRMATIVE DEFENSE Equitable Estoppel 18. The complaint is totally barred by plaintiff's role in the transactions that are the subject of the other action pending, the complaint in which is attached as Exhibit A. SEVENTH AFFIRMATIVE DEFENSE Indemnity 19. If any liability exists on the part of defendant to plaintiff, such liability is to be completely indemnified by [name]. EIGHTH AFFIRMATIVE DEFENSE Offset 20. Any amount sought to be recovered in this action is barred in whole or in part by the amount owing from plaintiff to defendant. WHEREFORE, defendant requests judgment as follows: 1. That plaintiff take nothing by the complaint, which will be dismissed with prejudice. 2. That defendant recover from plaintiff costs in the amount of $ xxx. 3. That the Court order further reasonable relief. Date: xxx ________________________ [Typed name] Attorney for xxxxxx
Wow! It seems I have a few hours of work left tonight. Here I thought I did good. So much for my "Be your own lawyer" package! I has suspicions when it actually said "Be your own layer" on the order page! I should still put "demands strict proof" completing each questionable paragraph, I'm thinking. Thanks enigma!
Your Answer might look like this, but read your local rules: ANSWER AND AFFIRMATIVE DEFENSES DEFENDANT XXXXX, appearing pro se, answers the complaint of Plaintiff and, in responses to each numbered paragraph thereof, states: 1. Without knowledge. 2. Admitted. 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. AFFIRMATIVE DEFENSES As to Count I: 1. Plaintiff failed to allege ultimate facts to establish existence of a contract. 2. Pursuant to Rule xx.xx YOUR STATE Rules of Civil Procedure, Plaintiff failed to attach notes, bills of exchange, account statements, contracts, or other documents upon which an action may be brought. RESPECTFULLY SUBMITTED this xx/xx/xx Signature block Certificate of Service Block
Enigma, can you take a quick look at the docs? There's a quick question at the top of the page. I'll be posting a revision soon. It was related to how a rule should be formatted. I think I found the right one and it's in 3 parts so I made it Rule 10.D1 instead of Rule 10.D.1. The revision is posted now, still fine tuning.
It was related to how a rule should be formatted. I think I found the right one and it's in 3 parts so I made it Rule 10.D1 instead of Rule 10.D.1. The revision is posted now, still fine tuning.
