need help with answer to summons

[jes1969]

I have been sued by LVNV Funding for a Citibank card that I think last payment was made around 97-I had forgotten all about it and just got served the other day with summons.i contacted the court clerk and was told I can use the form here
edit-cant post link but its just a general form with court defendant plaintiff at top -bunch of blank space-then sig area at bottom and such

now in the summons I received it starts
Plaintiffs original Petition
1.discovery level.(there is description after ea lmk if you need to know what ea says)
2.parties
3.venue
4.facts
5.breach
6.damages
7.attorney fees
8.conditions precedent

plaintiffs request for disclosure
pursuant to texas rule of cp 194 requested to disclose within 50days info or material described in 194.2

plaintiffs request for admissions
1.defendant was recepient of account with citibank
2.account #8696xxxxx was issued to defendant
3.defendant expected to repay all obligations incurred through use of account
4.creditor entitled to charge late fees on account
5.defendant has promised to pay creditor,its successor & assigns for the purchases and cash advances provided by creditor to defendant
6.defendant received monthly statements showing payments
7.defendant received monthly statements specifying monthly installment due
8.creditor has requested defendant to pay creditor
9.defendant failed to pay creditor
10.plaintiff requested defendant pay plaintiff
11.defewndant failed pay plaintiff
12.plaintiff made written demand on defendant more than 30 days b4 filing suit
13.defendant failed to make all monthly payments
14.defendant breached contract with creditor
15.defendant has no defense
16.asof nov25,08 defendant indebted to plaintiff in principal amount $1502.30
17.asof nov25,08 defendant indebted to plaintiff in interest $263.50
18.at no time prior to filing did defendant dispute debt
19.defendant not military
20.plaintiff present owner of account
21.plaintiff party entitled to amounts on account

I believe this is the section I respond to correct?There is also a section following which is-

Plaintiffs first interrgatories
1.if response to any request for admission above is other than unqualified admission,state facts upon which you base denial,partial denial or qualified admission

wherefore plaintiff prays that
a.defendant be cited to appear and answer herein;
b.plantiff be granted judgement for $1502.30 as principal amount;
c.plaintiff be granted judgement for prejudgement interest at max rate allowed;
d. plaintiff be granted judgement for postjudgement interest at max rate
e.plaintiff be granted judgement for attorneys fees
f.plaintiff be granted judgement for court costs
g.plaintiff be granted judgement for all further relief which plaintiff entitled


so do I need to answer the original petition statements in addition to the request for admissions?

[VexatiousLitigant]

Being sued in Texas over a debt that defaulted 11 years ago? Economy must be hitting LVNV hard.

[jes1969]

yes was amazed when I was served -barely remembered the account - so any help on this?Would denying this account be a way to go and ask for proof as it's been so long ago?

[jes1969]

upon further digging this isn't even the account I thought it was-me and my father have the same name I just have Jr tacked on the end and this is his card-specifically a shell.It had shown up in my credit report as shell/citi with a open date of 4/1969(which is before I was even born)and I immediately disputed it when I saw it on my credit report 3-4 months ago.How should I now answer this?Deny everything even my name as it isn't the right person?I have copies of report should I include this ?

[drivel]

that's why you never name your kid "Jr.'

[Enigma]

Try calling the attorney, tell them that this is dads account etc. If they refuse to play nice, the SOL for CC debt in TX is four years. That is your affirmative defense and counterclaim.

[Enigma]

Quote:

Originally Posted by drivel that's why you never name your kid "Jr.'

AMEN!

[VexatiousLitigant]

Dr. Evil, Jr.

[jlynn]

Actually, his name is Baby Evil.

[jes1969]

Quote:

Originally Posted by Enigma Try calling the attorney, tell them that this is dads account etc. If they refuse to play nice, the SOL for CC debt in TX is four years. That is your affirmative defense and counterclaim.

thanks-quick question on the counterclaim?Do I need to file it seperately or can it be added to the rfa?