Receiving a Summons

I have just received a summons saying that I have 20 days to respond to the court and the lawyer representing CCC. I don’t see how they can try to legally get a judge to initiate another whole contract out of thin air. I feel they have no claim by their own admittance of not being in control of the original note! Funny thing is that they submitted a copy of an agreement that doesn’t equal the law suit because they claim that additional sums were taken after the original note.

Anyone have any suggestions how to proceed to answer and kill this.
Or should I let it go to default then look to vacate it.
Thanks


COMPLAINT
The Plaintiff sues the Defendant and alleges as follows:
Count I
1. The Personal Credit Line Agreement dated March 21, 2001, made by the Defendant and payable to the Plaintiff has been lost or destroyed and is not in the custody or control of the Plaintiff.
2. Plaintiff and Defendant are the only person known to the Plaintiff who are interested for or against the re-establishment.
WHEREFORE, Plaintiff demands judgment re-establishing the Personal Credit Line Account Agreement.

The first thing I would want to know is when was it lost or destroyed, and why weren't you notified?

I'd definitely claim the protection of the Statute of Frauds 72 Am Jur 2d Section 1, et seq.

I'd also state for the record that I have not obligated myself to honor any photocopy or allusion to an alleged Note.

I'd also want to know who the last "person" was who saw the original, and who was charged with it's safekeeping.

I'd also default them into agreement of my revocation and recission of my signature off of any deed of trust or other agreement, if the above questions are not answered within 3 days (72 hours)

Or, I could just refuse the whole thing for cause.

This is just if it were me.

Henry Franklin

SUMMONS:
PERSONAL SERVICE ON AN INDIVIDUAL
IMPORTANT
TO: xxxxx

A lawsuit has been filed against you. You have 20 calendar days after this Summons is served on you to file a written response to the attached Complaint in this Court. A phone call will not protect you; your written response, including the above case number and named parties, must be filed if you want the Court to hear your case. If you do not file your response on time, you may lose the case, and your wages, money, and property may thereafter be taken without further warning from the Court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may call an attorney referral service or a legal aid office.
If you choose to file a written response yourself, at the same time you file your written response to the Court you must also mail or take a carbon copy or photocopy of your written response to the Plaintiff/Plaintiff’s Attorney named below.

(There are other legal requirements.)
What does this mean? This was filed in the County Court Palm Beach Florida.
(must be filed if you want the Court to hear your case.)
If I file a response with your thoughts concerning demands for proof does the Court still have to hear it? And if I give them 3 days to respond is there any statue I can refer to.

I know a lot of people in Florida that need help against these bottom feeders. I have been in Court and watched the circus. I think it’s time to tell the clowns and actors to go home.

[Jerseee]

stevebis,

Welcome to the forum!

My what a situation--sorry to hear this. But how about this:

http://forum.suijuris.net/showthread.php?t=2963

http://forum.suijuris.net/showthread.php?t=2973

http://forum.suijuris.net/showthread.php?t=141

And with this following link, read all the way down to my post #10, maybe this can help:
http://forum.suijuris.net/showthread...7&page=1&pp=10

good luck.

[KITCHIE]

Is there an Affidavit attached to support the complaint and calim against you? Is it from the person responsible for maintaning the Account and General Ledger? If not I'll bet if there is an "Affidavit" it is flawed. Order your credit reports and see if the CCC sold it or charged it off. If so then you have a pretty good chance of making them go away WITH PREJUDICE!"

Kitchie

[Ice]

Answer the summons, rebut all claims and seek full disclosure of the substance of the complaint.

And while your at it... check out the download section for "Objections to Evidence and Testimony" and find "Best Evidence"... their "best" evidence is the "original" agreement.

You would be surprised at how effective you can be in the court. But not knowing what has transpired up to this point leaves me clueless as to further suggestions. If there was a prior VOD... then the action is an abuse of process... and a violation of FDCPA. This is how Ices was able to win in court. At the first sign of a Collector DO a VOD. By the time they get around to filing a claim in court you should have a "default" in your favor. This leaves them without a leg to stand on because they have NOT exhausted administrative remedy. They must abide by FDCPA and you can hold them to that obligation by filing the proper docs with the court.

Folks, don't wait until the last minute to deal with debt situations... specially where a collector (whether it is an "attorney" operating as a collector or a collection company) is concerned.

Ice

[charlesa6]

Originally Posted by Ice

Answer the summons, rebut all claims and seek full disclosure of the substance of the complaint.

And while your at it... check out the download section for "Objections to Evidence and Testimony" and find "Best Evidence"... their "best" evidence is the "original" agreement.

You would be surprised at how effective you can be in the court. But not knowing what has transpired up to this point leaves me clueless as to further suggestions. If there was a prior VOD... then the action is an abuse of process... and a violation of FDCPA. This is how Ices was able to win in court. At the first sign of a Collector DO a VOD. By the time they get around to filing a claim in court you should have a "default" in your favor. This leaves them without a leg to stand on because they have NOT exhausted administrative remedy. They must abide by FDCPA and you can hold them to that obligation by filing the proper docs with the court.

Folks, don't wait until the last minute to deal with debt situations... specially where a collector (whether it is an "attorney" operating as a collector or a collection company) is concerned.

Ice

You absolutely right Ice, You mention this to me before when I contact you. This is a power full tool you can use against debt collector or debt attorney. The moment you get summon,send VOD to your target , give 21 days to respond, failing to do so default them, and make sure you keep all your certified return receipt as evidence and proof that you serve them and file all this with your doc in court record. You have 30 days or less to answer the summon, so you have time to default them. Sit back and smile.

[charlesa6]

Originally Posted by KITCHIE

Is there an Affidavit attached to support the complaint and calim against you? Is it from the person responsible for maintaning the Account and General Ledger? If not I'll bet if there is an "Affidavit" it is flawed. Order your credit reports and see if the CCC sold it or charged it off. If so then you have a pretty good chance of making them go away WITH PREJUDICE!"

Kitchie

When you received summon, affidavit is not attached to it. The affidavit file with the court record without your knowledge as evidence to the complaint file by the other party. Always remember, the attorney is not a first hand knowlege of the debt, so he/she cannot tesify to the case, except filling the affidavit of their client statement of the alleged debt in question.