I received the summons in the mail that was filed on August 19 and received on 8/21. The summons gives me 35 days to respond.

Ive read all the pinned material and as many threads as I could but would like input on crafting a strategy so I have a rough idea on how things will go.

Below is the summons Complaint


faloni and La Russo
Their address
Attorney's for Plantiff

Citibank plantiff

Vs Me Defendat Complaint on Contract (words are bolded)

Citibank whose business address is 701 East 60th Street North, Sioux Falls, SD 57118, complaining of the defendant says that:

1. Defendant in indebted to Plaintiff resulting from an open end credit agreement and/or account stated for the purchase of goods and/or services sold and delivered. The agreement provides for the collection of reasonable attorney fees upon the default of the Defendant.

2. The Defendant utilized said account, and pursuant to the terms of the agreement, the Defendant accrued an oustanding balance on the account XXXXXXXX in the sum of $13,XXX.60

3. The Defendant defaulted under the terms of the agreement by failing to pay for the goods and/or services provided, despite the demand for which has been made but refused. The claim was assigned to Plaintiff.

4. There is now due and owing to Plantiff the sum of $13,XXX.60 which is inclusive of contractual attorney fees and interest, plus costs of suit, all as provided in the agreement.

WHEREFORE, Plaintiff demands judgement as alleged together with interest from the aforesaid date, and all costs of suit.



My Drafted response so far


aloni and La Russo
Their address
Attorney's for Plantiff

Citibank plantiff

Vs Me Defendat Complaint on Contract (words are bolded)

Citibank whose business address is 701 East 60th Street North, Sioux Falls, SD 57118, complaining of the defendant says that:

1. Defendant in indebted to Plaintiff resulting from an open end credit agreement and/or account stated for the purchase of goods and/or services sold and delivered. The agreement provides for the collection of reasonable attorney fees upon the default of the Defendant.


Answer: Defendant is without information or knowledge sufficiant to form an opinion as to the truth or accuracy of the allegations contained in paragraph 1 of the Complaint, and based on that denies generally and specifically each and every allegation contained therein.


2. The Defendant utilized said account, and pursuant to the terms of the agreement, the Defendant accrued an outstanding balance on the account XXXXXXXX in the sum of $13,XXX.60

Answer: Defendant denies the each and every allegation made in paragraph 2.


3. The Defendant defaulted under the terms of the agreement by failing to pay for the goods and/or services provided, despite the demand for which has been made but refused. The claim was assigned to Plaintiff.

Answer: Defendant denies the each and every allegation made in paragraph 2. Defendant is without knowledge or information sufficient as to whether the claim was assigned to the plaintiff.

4. There is now due and owing to Plantiff the sum of $13,XXX.60 which is inclusive of contractual attorney fees and interest, plus costs of suit, all as provided in the agreement.

Answer: The defendant denies the statement made in paragraph 4.



Affirmative Defenses

1. Plaintiff's cause of action and complaint is barred by the applicable statute of limitations.

2. Plaintiff's Complaint violates the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint was not in writing and signed by Defendant or by some other person authorized by Defendant and who was to answer for the debt, default, or miscarriage of another person.

3. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with Plaintiff.

4. Plaintiff's Complaint includes references to alleged agreements made outside the alleged written contract, violating the Parole Evidence Rule.

5. Plaintiff is barred under the Fair Debt Collection Practices Act, herinafter called "FDCPA", from collecting attorney fees, interest, collection fees, and any amount not specifically provided for by agreement.

6.Plaintiff's complaint fails to allege a valid assignment and there are no averments as to the nature of the purported assignment or evidence of valuable consideration; Plaintiff's complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide.

7. Plaintiff's complaint further fails to allege that the Assignor even has knowledge of this action or that the Assignor has conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant.

8.Plaintiff is not an Assignee for the purported agreement and no evidence appears on the record to support any related assumptions.

9. Plaintiff is not the real party in interest and Plaintiff has failed to name all necessary parties.

10. Defendant claims Accord and Satisfaction as Defendant alleges that the original creditor accepted payment from a third party for the purported debt, or a portion of the purported debt, or that the original creditor received other compensation in the form of monies or credits.

11. Plaintiff voluntarily, with knowledge inherent, made an assumption of risk and is not entitled to judgment and not entitled to equitable, pecuniary or statutory damages under the doctrine of Volenti non fit injuria.

12. Plaintiff's damages are the result of acts or omissions committed by non-parties to this action over whom Defendant has no responsibility or control.

13. Plaintiff's damages are the result of acts or omissions committed by Plaintiff.

14.Plaintiff's prejudgment interest violates the standard of equity and there is no evidence of pecuniary loss.

15. Plaintiff's damages are limited to real or actual damages only.