Answers and Counterclaim HELP ME ASAP!

ilovemydogs · 12-11-2006, 03:01 PM

Hi All

I know that this really does not belong here, but someone told me that I am being stalked a bit because this other person thinks I am another who has been stalking and harassing the crazy person.
Seeing that this person in banned from our board, I figured if I posted here,it would be only viewed by *us*.

So....

Haven't done this in a while but I need some quick help.

Basic story is summons received for an alledged credit card debt.

Charge off was 4 years ago (6 years is SOL here)
On the CR's it is listed only on one with a charge off not sold or transferred but I believe it was sold .

First NES had it, requested validation ,and of course nothing. Lots of phone calls and harassment.

Then a year later a letter comes from another lawyer, nothing to do with NES, DV CRRR sent and also tell this lawyer that we previously requested validation and nothing came, blah blah

Then nothing for over a year and a half and this time a summons about the alledged debt from the same lawyer above that wrote me once. Nothing to do with NES

NOW,
I have done my answers, and the way I did it I wrote what the plantiff is claiming, then did Answer 1 Defendant blah blah
Answer 2
Plantiff states blahblah
Defendant answers blah blah.
.
Is this OK?

Would like to do some counter claims such as continued collection which I believe is 15 USC 1692e Sec 809 ?and failure to validate, 15 USC 1692 g ?but not sure how to word it or HOW to put it on paper.

What about NES and their violating and calling? Would this go on the counterclaims. (I think NO) as time is up.

Also the counterclaim for validation I am over my year so not sure if I can do a counterclaim for validation but do think I can do one for continued collection.

HELP!

Do the counterclaims go on another paper? Do they go under the answers? Again how do I word it?

DO I HAVE ANY COUNTERCLAIMS ?

I really am no good at this,but enjoy it so,; )so need to keep things simple (I do have a paper trail of green cards and letters)but I do get lucky in court.

Oh this is not going to be Federal but State as moving it to Federal will be a hassle for me to get to the courthouse

Thanks guys
ILMD

jlynn · 12-11-2006, 03:11 PM

Quote:

Originally Posted by ilovemydogs

Hi All

I know that this really does not belong here, but someone told me that I am being stalked a bit because this other person thinks I am another who has been stalking and harassing the crazy person.
Seeing that this person in banned from our board, I figured if I posted here,it would be only viewed by *us*.

Just so you know, although we think we rid ourselves of the problem children there is no 100% guarantee.

ilovemydogs · 12-11-2006, 04:18 PM

Quote:

Originally Posted by jlynn

Just so you know, although we think we rid ourselves of the problem children there is no 100% guarantee.

I did figure that, but thought that it would be a smaller percentage.

Amazing that they still want to bother us, (I have to say until I came back on and checked messages and so forth I did not think of them at all)but I guess negative attention is better than no attention.
Oh and I also leave out some info and add a bit, and change the names of course, to not give out too much info. ; )

So then Qtip you can move it to the place where it belongs, BUT I still NEED YOUR HELP, GUYS!!!!

ILMD

Qtip · 12-11-2006, 08:46 PM

ILMD,

If you ever want to ask a question in an anonymous fashion, you can follow this instructions to do so!

Want to post an Annonymous Question? Here is how!!!

hannah · 12-11-2006, 09:02 PM

How is it being reported? Or is it being reported?

apexcrsrvc · 12-12-2006, 09:46 AM

Quote:

Originally Posted by ilovemydogs

Hi All

I know that this really does not belong here, but someone told me that I am being stalked a bit because this other person thinks I am another who has been stalking and harassing the crazy person.
Seeing that this person in banned from our board, I figured if I posted here,it would be only viewed by *us*.

So....

Haven't done this in a while but I need some quick help.

Basic story is summons received for an alledged credit card debt.

Charge off was 4 years ago (6 years is SOL here)
On the CR's it is listed only on one with a charge off not sold or transferred but I believe it was sold .

First NES had it, requested validation ,and of course nothing. Lots of phone calls and harassment.

Then a year later a letter comes from another lawyer, nothing to do with NES, DV CRRR sent and also tell this lawyer that we previously requested validation and nothing came, blah blah

Then nothing for over a year and a half and this time a summons about the alledged debt from the same lawyer above that wrote me once. Nothing to do with NES

NOW,
I have done my answers, and the way I did it I wrote what the plantiff is claiming, then did Answer 1 Defendant blah blah
Answer 2
Plantiff states blahblah
Defendant answers blah blah.
.
Is this OK?

Would like to do some counter claims such as continued collection which I believe is 15 USC 1692e Sec 809 ?and failure to validate, 15 USC 1692 g ?but not sure how to word it or HOW to put it on paper.

What about NES and their violating and calling? Would this go on the counterclaims. (I think NO) as time is up.

Also the counterclaim for validation I am over my year so not sure if I can do a counterclaim for validation but do think I can do one for continued collection.

HELP!

Do the counterclaims go on another paper? Do they go under the answers? Again how do I word it?

DO I HAVE ANY COUNTERCLAIMS ?

I really am no good at this,but enjoy it so,; )so need to keep things simple (I do have a paper trail of green cards and letters)but I do get lucky in court.

Oh this is not going to be Federal but State as moving it to Federal will be a hassle for me to get to the courthouse

Thanks guys
ILMD

Copy the Caption only to change your party status from Defendant to Defendant/Counterclaimant.

You do not have to repeat what the Plaintiff alleges. Just state your answer in a numbered paragraph corresponding to that of their allegation.

Your Answer and Counterclaim should be set out as 1) Answer, 2) Affirmative Defenses (optional heading), 3) Counterclaim (a) now comes intro, (b) parties, (c) jurisdiction and venue, (d) facts and (e) counts with prayer thereafter (denial of Plaintiff's claims, order for Defendant/Counterclaimant).

Hope that helps . . .

ilovemydogs · 12-12-2006, 11:29 AM

Quote:

Originally Posted by apexcrsrvc

Copy the Caption only to change your party status from Defendant to Defendant/Counterclaimant.

OK

Quote:

You do not have to repeat what the Plaintiff alleges. Just state your answer in a numbered paragraph corresponding to that of their allegation.

I did change that : )

Quote:

Your Answer and Counterclaim should be set out as 1) Answer, 2) Affirmative Defenses (optional heading),

Not sure what they would be.

Quote:

3) Counterclaim (a) now comes intro, (b) parties, (c) jurisdiction and venue,

This would be the County or District of the Courthouse? and not sure VENUE???

Quote:

(d) facts and (e) counts with prayer thereafter

I have the counts, not sure about how to word the prayer thereafter and what to ask for.

Quote:

(denial of Plaintiff's claims,
order for Defendant/Counterclaimant).

Hope that helps . . .

I thought this (denial ) wa already answered in the answers to the complaint.
??

As you can see I need more to fine tune.

Thanks
ILMD