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03-04-2008, 12:22 AM
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#1 (permalink)
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New Member
Join Date: Feb 2008
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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, 09:23 AM
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#2 (permalink)
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Banned
Join Date: Jul 2006
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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.
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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, 09:28 AM
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#3 (permalink)
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Administrator
Join Date: May 2006
Posts: 2,073
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Did you ask that NCO to prove assignment, ownership or dispute there allegations before sending a settlement offer?
__________________
It is better to keep your mouth shut and appear stupid than to open it and remove all doubt. - Mark Twain
The information and materials in this document are provided for general information purposes only and are not intended to constitute legal, accounting or tax advice or opinions on any specific matters. Laws and regulations change frequently and their application can vary widely based upon the specific facts and circumstances involved. You are responsible for the applicability and accuracy of Information as it relates to your specific situation.
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04-02-2008, 02:50 PM
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#4 (permalink)
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HONORED GUEST
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What was the outcome on this?
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Please be advised that I am not an attorney and nothing I say in any post on this forum should be construed as legal advice.
Life isn’t fair. It’s just fairer than death, that’s all.
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04-02-2008, 04:25 PM
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#5 (permalink)
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Banned
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Probably a judgment.
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04-02-2008, 06:19 PM
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#6 (permalink)
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Elite Member
Join Date: Sep 2006
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Quote:
Originally Posted by hannah
What was the outcome on this?
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The OP left the board for good after reading Drivel's post.
Can you blame him/her? |
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04-02-2008, 06:29 PM
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#7 (permalink)
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Administrator
Join Date: May 2006
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Quote:
Originally Posted by spinn
The OP left the board for good after reading Drivel's post.
Can you blame him/her?
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Given the facts as posted by the OP, what is wrong with Drivel's statement?
__________________
It is better to keep your mouth shut and appear stupid than to open it and remove all doubt. - Mark Twain
The information and materials in this document are provided for general information purposes only and are not intended to constitute legal, accounting or tax advice or opinions on any specific matters. Laws and regulations change frequently and their application can vary widely based upon the specific facts and circumstances involved. You are responsible for the applicability and accuracy of Information as it relates to your specific situation.
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04-02-2008, 06:30 PM
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#8 (permalink)
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Administrator
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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.
__________________
The answer is 42!!
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04-02-2008, 06:36 PM
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#9 (permalink)
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HONORED GUEST
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Quote:
Originally Posted by spinn
The OP left the board for good after reading Drivel's post.
Can you blame him/her?
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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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I am not *your* attorney and you are not *my* client. Nothing in this post shall be construed as establishing an attorney-client relationship.
Would you rather us tell you what WILL happen or would you rather have rah-rah bull-droppings from someplace else?
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04-02-2008, 10:37 PM
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#10 (permalink)
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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 say in any post on this forum should be construed as legal advice.
Life isn’t fair. It’s just fairer than death, that’s all.
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04-03-2008, 08:28 AM
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#11 (permalink)
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Banned
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Quote:
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.
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I nominate this as the new name of the entire board. |
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04-04-2008, 04:48 AM
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#12 (permalink)
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HONORED GUEST
Join Date: Nov 2006
Posts: 239
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I'm sorry but, I love this guy . . .
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http://www.apexcreditservices.com
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04-04-2008, 05:18 AM
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#13 (permalink)
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If You Do Not Like It, Kiss My...
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Quote:
Originally Posted by apexcrsrvc
I'm sorry but, I love this guy . . .
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Oh, don't encourage him... 
__________________
How come "phonetically" is spelt with a "ph"?
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