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slimby
Nov 29, 2011, 10:46 AM
I was recently served a civil summons for a credit card. I have about another week to go to file my answer before a judgment can be placed against me. The original creditor was Chase Bank which in turn soled the debt to a 3rd party collection agency (The Plaintiff). I'm not certain the best way to handle this.

I do not recall ever opening this cc up but almost 2 years ago the Plaintiff (Midland Credit) contacted me advising me of it. I told them I didn't recall it and wanted to see some sort of validation. They told me that if I made a payment that they would get me the documents I was requesting. So I paid $50 and received nothing. Now 2 years later I'm being sued. Please help!

Complaint

Plaintiff, through undersigned counsel, alleges as follows:
1. Plaintiff is foreign entity,
2. Defendant(s) (is are) (husband and wife and) (a) resident(s) of Pinal AZ. Acts of individual defendants occurred on behalf of their respective marital communities. If this debt is a pre marital debt, the non-debtor spouse is joined only as a necessary party pursuant to the law affecting community property. I AM NOT MARRIED
3. This court has subject matter and personal jurisdiction
4. All pertinet acts and omissions giving rise to this lawsuit occurred in Pinal AZ (I JUST MOVED TO THIS TOWN ^MONTHS AGO.. HOW COULD THESE ALLEGATIONS OCCURRED THERE?)
5. All conditions precedent to plaintiffs right of recovery have occurred.
6. By accepting and using an offered credit card, Defendant(s) entered into a credit card agreement with CHASE BANK USA and agreed to the applicable terms and conditions of that credit card. Plaintiff is the successor-in-interest ("Holder") of the debt. (IS THERE PROOF I SHOULD BE REQUESTING THIS IS INDEED THE "SUCCESSOR"?)
7. Defendant(s) (is)(are) in default under the terms of the debt. The present amount owed under the terms of the debt, after all setoffs, is $2,330.38. This amount includes the principal balance of $2,059.04, plus interest from the date of default, March 31,2010, until the date of this complaint at the debt interest rate of 10% per year minus any payments made. (HOW SHOULD I REQUEST TO BE SHOWN THE VALIDITY OF THIS DEBT AND PROOF I OPENED?)
8. Despite demand to do so, Defendant(s) (has)(have) failed to pay the amount owed.
9. Acts of omissions of the defendant(s) constitute a breach of contract. The holder has been damaged thereby.
10. Plaintiff's cause of action arises out of contract. Pursuant to the terms of the debt and A.R.S. 12-341.01, Plaintiff is entitled to an award of reasonable attorneys' fees and costs.

WHEREFORE, Plaintiff prays as follows:
1. For judgement against the defendant(s) in the sum of the principal balance $2,059.04 plus interest at the rate of 10% per year from the date of default March 31, 2010, until the date of judgement, and thereafter interest at the rate of 4.25% minus any payments made. The amount owed at the time of filing this complaint $2,330.38;
2. For an award of attorneys' fees in a fair and reasonable amount to be determined in the discretion of the court with more particularity at the time of trial, and in the lesser sum of the amount allowed by applicable law or the suggested amount of $629.20;
3. For costs incurred herein; and
4. For such other and further relief as the court deems just and proper.

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So please help in advising me how I can answer this.