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Preparing my answer to summons. Their exhibit is wrong

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    Preparing my answer to summons. Their exhibit is wrong

    So I'm preparing an answer to summons. Mainly to buy time before my bankruptcy paperwork is done.

    The only exhibit they have is wrong. They state the exhibit is a lease agreement from the July 1, 2009 through June 30, 2010. Nope. Exhibit A is a least agreement from July 1, 2008, ending on June 30, 2009. In fact, that is the only lease I have. I thought I had signed a new lease, but I guess I never did. I guess it was just verbal, which they can't prove.

    How do I respond to this? I plan on denying all accusations. The largest portion of the debt is the unpaid rent, which wouldn't apply since there is no contract, correct?

    I think they messed up big by not having a current contract to prove my obligations. What do you think?
    I may be smarter than an attorney, but I'm not one. No legal advice here, people.
    Filed Ch. 7 pro se on 10/22/10 341 on 11/19/10 Report of No Distribution Filed on 11/19/10 Discharged 1/19/11 Closed 2/2/11

    #2
    discovery time

    Hi dumpinmydebt,

    You could file an answer claiming their exhibit doesn't match your records and ask for time for discovery. (time to look for more answers) Not sure how much time this will buy you, but I suspect a month or more....

    Tom in Colo
    Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

    Comment


      #3
      Not really sure the context.

      What are they claiming you owe?

      Comment

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