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If you have any problems with the registration process or your account login, please contact us. | Advanced Credit Repair - Dealing with Collection Agencies Discuss Affirmative Defenses / Debt Buyer in the CREDIT AND LEGAL ISSUES forums; I received a properly served summons and complaint for a credit card debt. Plaintiff is NCO and they are alleging account stated and unjust enrichment. I don't deny owing the ... 
03-04-2008, 01:22 AM
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#1 | | New Member
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| Affirmative Defenses / Debt Buyer
I received a properly served summons and complaint for a credit card debt. Plaintiff is NCO and they are alleging account stated and unjust enrichment. I don't deny owing the debt and faxed a letter offering to settle; no response.
Therefore, I'm prepaing the answer and need to include affirmative defenses. I've read for many hours and am hopeful someone can give me the standard affirmative defenses (besides statute of limitations).
By the way, attorney representing NCO is out of state, but licensed to practice law in my state (I checked). Local rules of civil procedure indicate answer must be served in my state; therefore, I have been instructed to serve my response on another attorney. Both attorneys are about 4 hours from the court where this matter is pending (or perhaps hasn't been filed yet - there is no file number on the documetns; I haven't called the court to confirm if this has been filed).
In addition, I'm working on interrogatories, requests for admissions, and production of documents and will send at the same time as I send the response.
Thank you in advance for any guidance. | 
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03-04-2008, 10:23 AM
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#2 | | Elite Member
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| Quote:
Originally Posted by strugaln  I received a properly served summons and complaint for a credit card debt. Plaintiff is NCO and they are alleging account stated and unjust enrichment. I don't deny owing the debt and faxed a letter offering to settle; no response.
Therefore, I'm prepaing the answer and need to include affirmative defenses. I've read for many hours and am hopeful someone can give me the standard affirmative defenses (besides statute of limitations).
By the way, attorney representing NCO is out of state, but licensed to practice law in my state (I checked). Local rules of civil procedure indicate answer must be served in my state; therefore, I have been instructed to serve my response on another attorney. Both attorneys are about 4 hours from the court where this matter is pending (or perhaps hasn't been filed yet - there is no file number on the documetns; I haven't called the court to confirm if this has been filed).
In addition, I'm working on interrogatories, requests for admissions, and production of documents and will send at the same time as I send the response.
Thank you in advance for any guidance. | Seeing as how you owe the debt, the complaint was properly served and you sent a letter of settlement. (did this contain any admissions, implicit or explicit?) I cannot offer any legitimate affirmative defenses.
I'm sure the peanut gallery here will come through with some for you though.
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03-04-2008, 10:28 AM
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#3 | | Administrator
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| Did you ask that NCO to prove assignment, ownership or dispute there allegations before sending a settlement offer?
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04-02-2008, 03:50 PM
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#4 | | HONORED GUEST
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| What was the outcome on this?
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04-02-2008, 05:25 PM
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#5 | | Elite Member
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| Probably a judgment.
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04-02-2008, 07:19 PM
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#6 | | Elite Member
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Originally Posted by hannah What was the outcome on this? | The OP left the board for good after reading Drivel's post.
Can you blame him/her? | 
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04-02-2008, 07:29 PM
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#7 | | Administrator
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Originally Posted by spinn The OP left the board for good after reading Drivel's post.
Can you blame him/her? | Given the facts as posted by the OP, what is wrong with Drivel's statement?
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04-02-2008, 07:30 PM
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| I think Drivel was pointing out that the OP made the case against him or herself already.
There's nothing wrong with that. If people can't understand what is going to be used against them they can never plan an appropriate defense.
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04-02-2008, 07:36 PM
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#9 | | HONORED GUEST
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Originally Posted by spinn The OP left the board for good after reading Drivel's post.
Can you blame him/her? | Drivel actually gave sound advice...the reality is that not every case HAS an affirmative defense. The kitchen sink is not the appropriate manner of dealing with every case filed and subsequently served upon a defendant...
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04-02-2008, 11:37 PM
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#10 | | HONORED GUEST
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| Someone needs to change the title of this thread to "Doesn't count. OP failed to take any advice. Drivel is probably right."
We shouldn't actually let this thread be part of a search of "Affirmative Defenses / Debt Buyer" cause it doesn't include any.
__________________ Please be advised that I am not an attorney and nothing I post on this forum should be construed as legal advice. Let's Go Mountaineers!! Let's Go Drink Some Beers!! | |
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04-03-2008, 09:28 AM
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#11 | | Elite Member
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Originally Posted by hannah Someone needs to change the title of this thread to "Doesn't count. OP failed to take any advice. Drivel is probably right."
We shouldn't actually let this thread be part of a search of "Affirmative Defenses / Debt Buyer" cause it doesn't include any. | I nominate this as the new name of the entire board.
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04-04-2008, 05:48 AM
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#12 | | HONORED GUEST
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| I'm sorry but, I love this guy . . .
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04-04-2008, 06:18 AM
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#13 | | If You Do Not Like It, Kiss My...
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Originally Posted by apexcrsrvc I'm sorry but, I love this guy . . . | Oh, don't encourage him... 
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