Can anyone please tell me how to "answer" the suit?

[NewPage]

I've got a deadline from a Discover suit coming up next week. I've got a letter in to the court/judge to ask for a continuance, so to speak, to try and buy some more time before I file. But, in case that doesn't work, I have the paperwork filled out to ask for a waiver or deferral of the court fees in filing an answer.

Thing is, I do not have the foggiest idea as to what to say! Can anyone tell me what they have done in this situation? I will be filing BK, I'm just waiting on a couple of things.

Thanks

[NewPage]

Oh, don't know if this matters or not, but the papers say:

"Amount under $10,000
Subject to Mandatory Arbitration"

The amount on the papers is well under 10k

[OhioFiler]

The basics of an answer include denying each charge made by the plaintiff except those not in dispute such as your address and listing standard defenses. There are plenty of examples of answers on the internet.

[NewPage]

I don't want to screw this up. I just need to buy some time/stall until I can file. Will this work?

IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF xxxx

Case No._____________________

DISCOVER BANK, ISSUER OF THE DISCOVER CARD
Plaintiff

Vs.

FIRST AMENDED ANSWERS, AND DEFENSES

NewPage
Defendant(s)

Defendant, appearing pro se, for its reply to the Complaint of Discover Bank, Issuer of the Discover Card (hereafter "Discover") states as follows: All Answers correspond to the numbered paragraphs of the Complaint. All allegations of the Complaint are denied unless expressly admitted herein.

ANSWERS

1. In response to Paragraph 1, the Complaint states legal conclusions to which no response is necessary.

2. In response to Paragraph 2, the Defendant disputes the alleged debt, as solicited in
Paragraph 2 of the complaint.

3. In response to Paragraph 3, the Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.


DEFENSES

1. As and for a First Defense
Plaintiff's complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide.

2. As and for a Second Defense
Plaintiff's Complaint fails to allege that the Assignor even has knowledge of this action or that the Assignor has conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant.

3. As and for a Third Defense
Plaintiff's alleged damages are the results of acts or omissions committed by the Plaintiff.

4. As and for a Fourth Defense
Defendant alleges that the granting of the Plaintiff's demand in the Complaint would result in Unjust Enrichment as the Plaintiff would receive more money than Plaintiff is entitled to receive.

5. As and for a Fifth Defense
Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date.

[treehugger1]

Newpage, I have seen handwritten responses in my local oregon circuit court. They are general denials, where the defendant denies everything and "prays" for relief. I noticed that two summers ago, a defendant responded to a Citi suit with a general denial, and the court set a hearing date 30 days or so down the road. Also note that in Oregon, there is mandatory arbitration if you respond with your denial(s). When this happens you and the plaintiff are generally sent a list of local arbitrators and you begin to cancel (or select) which arbitrator you would like/not like. This seems to add another 30 days.

The problem with oregon is you have to "pay" to play. Unless you can demonstrate to yoru local court that you are all but destitute, you will have to pay for your answer and any discovery, motions, etc that you want to make use of.

[Bell30656]

I'm in Georgia. I had three lawsuits filed against me. I went to the local courthouse and used the computer. I looked up cases by this same plaintiff until I found one that had an answer written by a high priced local attorney. I paid a quarter a page for copies. I went home used Microsoft Word (on a Mac) to craft an answer just like that one.

Basically the answer was to simply deny every single one of the numbered items in the complaint except my name and address. I filed my answer with the clerk of court on the last possible day. After the clerk stamped it, I mailed a copy by regular mail with a certificate of service to the plaintiff (Or I threw it away and I lied, I can't remember which.).

[NewPage]

Newpage, I have seen handwritten responses in my local oregon circuit court. They are general denials, where the defendant denies everything and "prays" for relief. I noticed that two summers ago, a defendant responded to a Citi suit with a general denial, and the court set a hearing date 30 days or so down the road. Also note that in Oregon, there is mandatory arbitration if you respond with your denial(s). When this happens you and the plaintiff are generally sent a list of local arbitrators and you begin to cancel (or select) which arbitrator you would like/not like. This seems to add another 30 days.

The problem with oregon is you have to "pay" to play. Unless you can demonstrate to yoru local court that you are all but destitute, you will have to pay for your answer and any discovery, motions, etc that you want to make use of.

Right -- I have already filled out the "please defer/waive the fees" form. I wonder do I turn that in with the stuff or before? The site is a little confusing.

In your opinion -- is it worth it to do this, even if I have to pay a filing fee, or should I just wait and have the judgment vacated? Is it guaranteed to be vacated after the discharge? Or can they say "sorry, you still have this judgment and have to pay it"?

[treehugger1]

Unless the judgment results in a lien on real property (many times the case in Oregon) and you have more equity in the real property than your exemptions allow, your lien (hence judgment) will potentially be an issue. If you have no assets and all that you do have are well within your exemptions, then the judgment should be vacated after discharge. Now, be careful here. The judgment will continue to stay on your credit reports for 7 years. I have 6 judgments against me at this time. I have no real property and I'm under wage garnishment for student loans and a small Cap1 suit. I have no doubts that when I am prepared to file BK, I will be able to have the judgments vacated. I have found a few motions that serve as examples in my local district as to how such judgments are put to rest. Since I have no real assets, it appears I can do the relief from judgment motions myself. As strange as it seems, even though a bankruptcy discharge may protect me in the future, it appears that I will still have to officially "move" for relief from the judgments.

Just my thoughts.

[NewPage]

Unless the judgment results in a lien on real property (many times the case in Oregon) and you have more equity in the real property than your exemptions allow, your lien (hence judgment) will potentially be an issue. If you have no assets and all that you do have are well within your exemptions, then the judgment should be vacated after discharge.

That's my question that no one seems to answer, not even my attorney.

The ONLY thing of value I have is a share of the house - a tenancy by entireities (sp) situation. Our equity in the house is about 47,050. A single filer has 40k protected equity, joint have 50k. From what I understand, they look at actuarial tables and figure my % of the equity vs my husband's. I would have to be awarded over 85% of the equity in the house to go over that 40k exemption. I really doubt, being that my husband and I are only 2 years apart in age and not 30, that I would be deemed to have that much of a share of the equity, KWIM?

Also, I just found this:

18.395 Homestead exemption. (1) A homestead shall be exempt from sale on execution, from the lien of every judgment and from liability in any form for the debts of the owner to the amount in value of $40,000, except as otherwise provided by law. The exemption shall be effective without the necessity of a claim thereof by the judgment debtor. When two or more members of a household are debtors whose interests in the homestead are subject to sale on execution, the lien of a judgment or liability in any form, their combined exemptions under this section shall not exceed $50,000.

To me, if I am reading it correctly, my equity is protected from any lien/judgment, up to 40k. Am I understanding that properly?