Plaintiff/Attorney Jay A. Taylor with Midland Funding wants to sue us for a debt we already paid in 2005. The only proof we have are bank statements showing the payments to Southwestern Bell and NCO. NCO said they would send us a full settlement letter, but they never did. The numerous times we followed up they were very rude and unhelpful. We contacted SW Bell and they said since our account went to collections they had no longer had access to our records.

How do we answer/deny all the facts in this document? Is there a specific legal format?

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Originally Posted by annann

Plaintiff/Attorney Jay A. Taylor with Midland Funding wants to sue us for a debt we already paid in 2005. The only proof we have are bank statements showing the payments to Southwestern Bell and NCO. NCO said they would send us a full settlement letter, but they never did. The numerous times we followed up they were very rude and unhelpful. We contacted SW Bell and they said since our account went to collections they had no longer had access to our records.

How do we answer/deny all the facts in this document? Is there a specific legal format?

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There are legal formats - I don't know how the Courts in Texas work (I'm in NYS) but often the fill-in-the-blanks forms completed by non-Attorneys contain all sorts of errors and the Court is not very understanding.

I would recommend a letter, receipt requested, to the Court, copy to the Attorney, denying the claim and stating you have proof of payment. You can either attach the proof or present it in Court. I would be prepared to go to Court to defend myself.

Do not let the time in which you have to respond run out. You will also resolve nothing by telephone - you must respond in writing.