Help on my answer to summons for Judgment

[stressed105]

I have to file my answer to judgment from Discover tomorrow. I'm working on it and stuck. The number 1 paragraph states:

That the Defendant entered into an agreement referred to as a "Discover Card Agreement" with the Plantiff whereby the Plaintiff agreed to extend a revolving line of credit to the Defendant for cash advances or the purchase of goods and services.

Now.....Should I affirm or deny this?

Thanks!

[forgotten]

I would do a blanket denial and assert some affirmative defenses.
Are you really looking to take it to court or just trying to delay?

[AngelinaCatHub]

In my opinion, to deny it would be an untruth. However, you could deny on the basis of the fact that you did not understand nor could you read the small print and had no understanding of the legalese.

If you are going to file bk, then delay, as a Judgment is not a convenient thing in your life.

If you are going to bk, do this before the hearing and this will be a moot point as the suits will be tolled or dismissed in your bk. If you cannot bk before, by all means make an effort to respond and lengthen if you can.

If represented by counsel, by all means ask your lawyer. 'Hub

[stressed105]

I'm just trying to delay this to buy me some time. I don't want to get into trouble for lying. I'm waiting for an inheritance to come in. I was told the inheritance would be here in March/April, but now I just found out the taxes were wrong on it so they have to refile those and than I may not get inheritance until the end of the summer. I'm so stressed, I have no idea what to do.

I don't work, I take care of our 3 kids, and if I worked daycare would eat me alive. The credit is just in my name and we are in a non community property state I hope that helps me.

[junker]

heres a couple of issues my legal aid attorney filed when i was sued a few years ago..it was while i was in florida, and statutes relate to there...but maybe it will give you a little info........


1. defendant moves to dismiss count one of statement of claim because it fails to state a cause of action. in count one plaintiff seeks damages for defendants purported breach of contract. plaintiff failed to attach the signed credit card applications, request or argeement executed by defendant in violation of rule 7.050.fla.sm.cl.r
2. the plaintiffs statement of claim fails to state facts essential to a cause of action for a credit card or other contractual debt, including the date of the alleged contract, the dates and amounts of the alleged charges, fees or other debts incurred under the contract and the date of the allgeged payment default and fails to allege compliance with 15 u.s.c. 1642 1642 15 usc 1637 (a) 15 u.s.c. 1637 (b)
3. the statement of claim (at paragraph 6) alleges that the plaintiff is the owner and holder of the debt pursuant to an assignment agreement from the original creditor. however no evidence of assignment is provided. thus, the statement of claim should be dismissed because there is no showing that the plaintiff is the real party in interest

[forgotten]

I'm just trying to delay this to buy me some time. I don't want to get into trouble for lying

Respond to each numbered paragrah in the complaint. You can admit (agree), deny (disagree) with each paragragh, or just state not enough information to agree/disagree.

Since you are just looking for a trial date to delay everything, deny anything that is false and state there is not enough information to agree/disagree on everything else.

After all, they have not provided you with the contract they claim you agreed to, so you do not have enough information to be able to answer the question.

[stressed105]

Thank you guys.

[scsurfer]

To add a question, what about filing a motion to vacate? Anyone have any insight or experience on trying this route?