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    pepsiblu Posts: 1, Reputation: 1
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    Jul 11, 2012, 03:39 PM
    How to respond to a summons in Arizona
    I am confused and need help.
    I was served a summons (on one page) and a complaint (contract) (on another page) from Jerold Kaplan Law Office here in Arizona

    It states that the plaintiff is Discover Bank, but yet I have a document that says that he is the Legal Placement Account Manager for DB Servicing Corporation, the servicing affiliate for Discover Bank, an FDIC insured Delaware state bank.

    I know that I have 20 days to "answer" in writing to the attorney and to the court, but I don't know HOW to answer. Do I request a debt validation letter? If so, is there a FREE template on what to say and how to say it that is written with Arizona laws in mind?

    I really thought that we "settled" this balance and that it was charged off (I will be printing out my credit rating shortly) and then I thought the SOL was 3 years according to ARS 12-543 but now I guess it is 6 years?

    I have not received phone calls, nor any letters in the mail for years regarding this debt.

    Can anyone offer any guidance or suggestions on how I should respond?
    I have read a lot of shady things about the law firm AND DB Servicing Corporation, so I am lost and confused.

    Thanks for any inforamtion,

    Kerri-
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jul 12, 2012, 01:53 PM
    Quote Originally Posted by pepsiblu View Post
    ...
    It states that the plaintiff is Discover Bank, but yet I have a document that says that he is the Legal Placement Account Manager for DB Servicing Corporation, the servicing affiliate for Discover Bank, an FDIC insured Delaware state bank.
    ...
    Who is "he"?


    Quote Originally Posted by pepsiblu View Post
    ...I know that I have 20 days to "answer" in writing to the attorney and to the court, but I don't know HOW to answer. Do I request a debt validation letter? If so, is there a FREE template on what to say and how to say it that is written with Arizona laws in mind?...
    Your answer should admit or deny the specific allegations of the complaint, and set out any affirmative defenses that you may have. Requesting a "validation letter" would be something you would do by discovery, rather than in your answer.

    Quote Originally Posted by pepsiblu View Post
    ......
    I really thought that we "settled" this balance and that it was charged off (I will be printing out my credit rating shortly) and then I thought the SOL was 3 years according to ARS 12-543 but now I guess it is 6 years?

    I have not received phone calls, nor any letters in the mail for years regarding this debt.
    ...
    If you believe this debt is beyond the SOL, that would be an affirmative defense to be pleaded in your answer.
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