How do I respond to this

[Pasofinoaz]

JEROLD KAPLAN LAW OFFICES, PC
PHOENIX, AZ
Frederick J Dias AZ STATE BAR NO 16458
Patricio Esquivel AZ STATE BAR NO 15048

In the Superior Court of Arizona
County of Maricopa, State of Arizona

FIA CARD SERVICES, NA
PLAINTIFF.
v

PASOFINO & JOHN DOE PASOFINO,
HIS WIFE AND EACH OF THEM,
DEFENDANT (S)
Plaintiff complains of the defendant(s) and alleges:
I
That defendant(s) is/are resident (s)
of MARICOPA cOUNTRY, STATE OF ARIZONA:
II
That herefore to and prior to the filing of this action
defendant (s) did, for valuable consideration enter into into a contract with
plaintiff or plaintiff's assignor, the terms of which are attached
hereto and by reference made part hereof; that the balance remaining
due and unpaid on said contract at the same time of filling of this
complaint is in the amount of $XXXXX.00. That said defendant (s)
has/have failed and refused to pay said balance and that said balance is justly due and owing to plaintiff herein.
WHEREFORE, plaintiff demands judgment against defenant (s) and each of them, for $XXXXX.00 costs and for such other and further relief as to the court may deem just.

DATED this August 18, 2011
JEROLD KAPLAN LAW OFFICE OFFICES, PC
BY ATTORNEY FOR PALINTIFF

[DYLAN150]

Might be to late to respond. Did you receive this in letter format? Date says August 2011?

[GoingDown]

If it is not already too late to respond to this lawsuit, you might to go here...

http://www.bkforum.com/showthread.php?6636-Various-Sample-Letters

Turbocourt has online forms to use to respond to lawsuits, and they are acceptable for use in the Maricopa County Superior Court system.

Please keep in mind that if you do owe the debt, all this will do is buy you some time. In the end, you will probably lose the lawsuit anyways.

If you are ready to file bankruptcy right now, and if you have something worth protecting from a judgment, you might want to consider filing bankruptcy now, and then filing a notice of bankruptcy with the court to stop the lawsuit from going forward, if you still have time to do that. It would be part of your written answer to the lawsuit. You would have to file it with court first and then get certified copies of that filing and serve it on the attorney suing you.

If you are not ready to file bankruptcy yet, try to brace for impact of the coming judgment by making yourself as collection proof as possible. Read the stickies above for more information about lawsuits, exempt funds, garnishments, etc.


And p.s.-- I hope you are not using your real name on here.

[Pasofinoaz]

Might be to late to respond. Did you receive this in letter format? Date says August 2011?

I was just served November 27, 2011
I also received an affidavit and a Certificate of Compulsory Arbitration.
Not sure how to respond to these???

[Pasofinoaz]

I am trying to respond to the complaint, summons, affidavit and certificate of compulsory arbitration.
If they cannot prove they own the debt, why will I lose the lawsuit anyway?
Thanks for the letter reference, however, I need to respond to the complaint, summons, affidavit and certificate of compulsory arbitration.
Hasn't anyone in Maricopa county received a letter from this Attorney ????
and responded???
Thanks
Definitely not my real name!!!!!

[GoingDown]

I am trying to respond to the complaint, summons, affidavit and certificate of compulsory arbitration.
If they cannot prove they own the debt, why will I lose the lawsuit anyway?
Thanks for the letter reference, however, I need to respond to the complaint, summons, affidavit and certificate of compulsory arbitration.
Hasn't anyone in Maricopa county received a letter from this Attorney ????
and responded???
Thanks
Definitely not my real name!!!!!

If you had scrolled down in that link, you would have found these links...

https://turbocourt.com/go.jsp?act=actShowStateGlobal&tmstp=1321464087602&id=11542622

http://azcourts.gov/selfservicecenter/SelfServiceForms.aspx

Those links have all the forms and information you will need to file a written answer to the lawsuit. Pay special attention to the rules of procedure, which you must follow, or the court will ignore your response and issue a summary judgment against you anyways.


If you can't afford an attorney, you might try a paralegal. Some of them can be very helpful, and they will know the right forms to use in your situation.


In general, if you owe the debt, they will win the lawsuit eventually. Judges are usually on their side and don't seem to be very friendly to people who represent themselves in court against credit card companies and their lawyers.

Most of the cases where someone wins is where the junk debt buyer was sloppy and had absolutely no documentation or chain of custody to support their claim. Let me say that is actually rather rare now. Most of them have learned from their mistakes and now get the appropriate documentation along with the junk debts they buy.

Another method I have seen used with some success is to tape record every call from them and catch them on a technicality, where they violated the FDCPA or the TCPA, and then either make them settle out of court or file a countersuit against them, reducing or eliminating the amount you owe them based upon their FDCPA and TCPA violations. But this doesn't work if you can't prove they have violated these laws. You would need proof that they received your DV letter or your C&D Letter by certified mail and then continued to call afterwards, and used an autodialer to call your cell phone (for the TCPA violations).

Fighting the lawsuit can buy you some time, but it will be costly, because you have to pay court fees just to file an answer.

In the end, if you have something to lose, you are better off just filing bankruptcy and getting it over with.

[despritfreya]

And p.s.-- I hope you are not using your real name on here.

I realize OP responded but had there not been one this is what I would have said . . .

Nope, not OP's name. OP is apparently very fond of this breed of horse:

http://www.pfha.org/

Des.