desperately need advice on summons/complaint question

[fedupw/ccdebt]

Quick question as I try to figure this all out... This Chase card goes back to around 1983 - 1984 when my wife first got it. It was originally a First Card, then went to Bank One and finally Chase...got sold or merged a few times I guess.

My question is, how do I address the original creditor issue in the answer? It states the defendant applied for a credit card with the Plaintiff when actually that is not technically true...right?

Again, I am just trying to make sure I answer this as accurately as possible but still not giving them any leeway (sp?).

Finally, since our "20 day response time" is technically this coming Sunday, March 2...would that mean we actually have until Monday, March 3 due to the weekend issue?

Thanks for any thoughts...

[HHM]

Just make a general denial. If all your doing is trying to buy time, your answer does not have to be perfect.

Although you can go line by line and issue a response for each allegation, so when you come to an allegation that your not sure about, all you need to say is "As to paragraph <#> of plaintiff's complaint, Defendant lacks sufficient knowledge to admit or deny plaintiff's allegation contained therein and therefore denies said allegation"

You probably do have until Monday, but why push it, get the answer filed on or before Friday.

[fedupw/ccdebt]

Thank you very much HHM...don't know what I would do without this site...

[mcdulph]

FWIW, here is the "blurb" we learned in my "baby paralegal" class to use when answering a complaint with a "general denial". Again, this is not legal advice, blah, blah, blah, but maybe it'll help you. This blurb would go below the "caption" which names the court, defendant, plaintiff, yada yada. BTW if you have Microsoft Word, you can use the "Legal Pleadings" template/wizard to do a lot of this stuff.
=========================================
COMES NOW <Your Name Here>, defendant, and in answer to the plaintiff’s complaint filed herein, generally denies each and every allegation contained in said complaint except those allegations which constitute admissions against the interests of plaintiff.

WHEREFORE, having fully answered said complaint, defendant prays that the same be dismissed with prejudice to future action; for recovery of defendant’s attorney fees and costs herein; and for such other and further relief as to the Court may seem just and equitable.

(and then you put your signature block below and to the right)