[jackies mom]

I have been served a summons on a credit card debt. I never heard from these people before, and therefore never asked for verification of the debt prior to receiving the summons. Can I now at the hearing through the discovery process as for the relative verification documents.

Thank yoi

[jackies mom]

I have received a summons re an old credit card debt. I did not ask for verification or deny this debt prior to the service of the summons. Can I ask for verification through the discovery process at the cour hearing.

Thank you for your response.

[JudyKayTee]

Yes, you can ask for documentation that it is your debt.

[JudyKayTee]

Please don't keep posting the same question - asked and answered.

[ballengerb1]

Where do you live and when was the last payment made on this debt, if ever?

[jackies mom]

I received a summons on a credit card debt and filed an answer to the complaint stating that I have no income and no ability to pay the debt.

The following week I received a Motion for Judgement on the Pleadings. Is it automatically assumed that I am responsible for this debt since my answer stated that I do not have the ability to pay it??

I intend to oppose this motion on the ground that the debt was not verified and that I have a disbute with the amount of the debt and the SOL. I intend to ask for all verification documentation in my opposition documents. Is that OK??

Is it possible for me to file the oppositon and a motion to dismiss at the same time??

I intend to file the dismissal motion on three grounds:

Valenti Non Fit Injura - Contributory/Comparative Negligence and Unjust Enrichment.

Do you have any knowledge of any of the above defenses being successful for obtaining a dismissal??

Thank you so very much for your responses.

[JudyKayTee]

Inability to pay is not a defense. You had an opportunity to set forth all your defenses (statute, verification, whatever) and it appears that you used only the inability to pay.

You are going to argue contributory/comparative law in a lawsuit to collect a debt? I don't understand your reasoning. Basically what you have quoted refers to implied consent - to a medical procedure, usually, to the best of my knowledge.

What is your legal defense to this lawsuit? Is this your debt?

You can make a motion to dismiss but it would appear that you did not submit a complete answer when required to do so.

These posts should all be combined in order to determine the whole story.

[jackies mom]

I am using the contributory/comparative negligence defens stating that the Plaintiff has caused their own harm and damag by purchasing a non performing account that was defaulted and deemed non collectibrl by the original creditor. They willingly purchased the account without any inducement by myself or any other party. I have not personally caused the plaintiff any harm ,they willingly purchased a defaulted and are not entitled to recover damages they infllicted upon themselves.

Doyou think this defense can work??

[JudyKayTee]

I am using the contributory/comparative negligence defens stating that the Plaintiff has caused their own harm and damag by purchasing a non performing account that was defaulted and deemed non collectibrl by the original creditor. They willingly purchased the account without any inducement by myself or any other party. I have not personally caused the plaintiff any harm ,they willingly purchased a defaulted and are not entitled to recover damages they infllicted upon themselves.

Doyou think this defense can work?????????

In a word - no. Creative and I (honestly) wish you well because you could create new law but in a word, no. How did you come up with the idea? As I said - I like people who think like this but I don't think it's going to fly. But, again, I love it!

They did receive inducement from another party - the debtor.

I am now going off to ponder this.

[jackies mom]

JudyKayTee... Glad you liked the idea. Here is another one for you to ponder. I would appreciate your thoughts and coments on this as well.

In the Unjust Enrichment Defense I would state that the Plaintiff purchased the defaulted account for pennies on the dollar and the only "Real" loss or damage that they make claim to is the pennies on the dollar amount they paid for the purchase of the defaulted account. ( I intend through discovery to required them to state what amount they paid). In unjust enrichment they can not claim a loss greater than their actual "Real" cost or damage.

[JudyKayTee]

Again, it's debtor/creditor and possibly contract law and I don't think this is going to fly. HOWEVER, I do love it and if you have the time and energy, try it. If you win, I will immediately put you on retainer and fire my personal Attorney.

One serious note - be careful not to offend the Court. I have never seen a Judge have a problem with someone representing herself/himself EXCEPT when they "play Attorney," quoting law which they do not understand.

Otherwise - you go, girl!

[silverstein]

Judges and Egos , never fails.

The courts are for the people to defend themselves not the Judge's home to intimidate the people or ridicule them.

But that will never change.