[lucky155]

Hello everyone!

I need a little help with a summons from NCO. Have about 10 days to respond and not sure how to answer. The complaint states that NCO is the owner of the debt by assignment from OC, but that's all-nothing else attached, no assignment, no affidavit. I guess I'm being stupid but can you actually sue someone by just filing a complaint that says "so and so person owes me xxx dollars because I say so"?

Secondly, the SOL is very close on this one. My CR (hard copy from 2006) says "estimted date this account will be removed is 07/2010" and date of max deliquency 07/2003" but in the little boxes that say "past due" or "OK" the last "OK" was in August of 2003. The complaint was filed on 07-21-2008 but was not served until 08-03-2008. Any input is appreciated.

[tickedoff]

well darn it lucky- they just keep coming huh! sorry to hear you're dealing with this again.
i was surprised that my summons did not include an affidavit or anything. then I went to the courthouse and found that one was in the file. whether or not they have to attach one, i dont know. but it seems to me that if they don't, you've got an argument for failure to state a claim for which relief can be granted.
I would definitely assert that as an affirmative defense, as well as SOL.

as far as how you respond to the claims in the complaint, i'll leave that to the experts!

[lucky155]

Thanks, When it rains it pours!

I have spend the afternoon reading the KY rules of civil procedure and rules of evidence. My head is about to explode!

Anyway, the complaint only has 3 paragraphs.

1) The plaintiff (NCO) is the owner of the account due and owing by the defendant and is the assignee of "OC".

2) The defendant is indebted to the plaintiff in the amount of XXX dollars, plus interest of XX dollars, plus interest through April 24, 2008 on outstanding balance thereafter.....

Wherefore, plaintiff demands:
1) the sum of XXX dollars plus interest...(same stuff as 2).

I really need some help writing an answer. Thanks to all!

[Enigma]

You need to obtain a copy of your local Rules of Civil Procedure. In there you will find what constitutes a proper pleading. If the compliant does not contain all the required elements, a Motion to Strike is in order followed by a Motion to Dismiss. If there is a paragraph that makes no sense, then a Motion for a More Definite Statement.

Make sure that all elements of the Cause of Action are met. If the rules say A, B, C but the complaint only has A & C, then a Motion to Dismiss.