[Brenok]

Hello all, I am wondering if any of you helpful people could assist me through the process that is beginning after being served a summons. I am doing my best to do this without bothering anyone but I just want to make sure I do it right. I have used a lot of valuable information from the posts and samples here. Hopefully I can return the help to someone else here some day. I am so desperate in this mess and pulling my hair out, we have no money for an attorney.

I live in Oklahoma. I have been served a summons with a Petition of Indebtedness regarding a credit card debt. The plaintiff is Unifund, a well known junk debt buyer with a terrible reputation. The law firm is in the same category.

BTW, I am a civil service retiree on a very small income, my husband is disabled and unemployed, I was told to be sure and state that my funds are exempt from attachment or garnishment in the affirmative defenses, just to put the plaintiff on notice. Oklahoma does have an exemption certificate for these funds if judgment is rendered. Does this go in the affirmative defenses?

The summons states I have 35 days after service which was January 25th. Here is what their petition for indebtedness states:

IN THE DISTRICT COURT OF COUNTY
STATE OF OKLAHOMA
UNIFUND CCR PARTNERS
VS.
ME

PETITION FOR INDEBTEDNESS

COMES NOW the Plaintiff and for cause of action against the Defendant alleges and states:

1. Unless you, within 30 days after receipt of this notice, dispute the validity of the debt, or any portion thereof, we will assume the debt to be valid. If you notify this law firm, LBN, in writing within the 30 day period, that the debt, or any portion thereof, is disputed, our law firm, LBN, will obtain verification of the debt and mail a copy of the verification to you. Upon your written request within the 30 day period, our law firm, LBN will also provide you with the name and address of the original creditor, if different from the current creditor. This is a communication from a debt collector. This communication is an attempt to collect a debt and any information obtained from this communication will be used for that purpose.

2. OC (Original creditors name) provided credit to the defendant on a written credit card account. The indebtedness arising therefrom has been duly assigned to Unifund CCR Partners, plaintiff therein.

3. After all applicable credits, the defendant remains indebted to the plaintiff in the amount of $8000, plus $5,900, which represents interest from the date of default through January 2, 2008, with interest accruing at the rate of 32.310% per annum.

WHEREFORE, Plaintiff prays for Judgment againt the Defendant in the amount of $8000 with interest as set forth above, all court costs and a reasonable attorneys fee of $1200 and for such other and further relief as to this Court may seem equitable, just and proper.

Here is my draft answer if someone wouldn't mind looking it over. When should it be filed, the summons says 35 days, it was served January 25th)

ANSWER TO PETITION FOR INDEBTEDNESS
AND AFFIRMATIVE DEFENSES

1) Paragraph 1 of the Plaintiff's Petition requires no response. To the extent a response is deemed necessary, Paragraph 1 appears to be notice of the Defendant's rights under the Fair Debt Collection Practices Act and the Defendant has sent by registered mail a request for validation of the debt alleged in Plaintiff's Petition.

2. Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the allegations contained in paragraph 2 of the Petition and denies generally and specifically every allegation contained therein.

3. Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the allegations contained in paragraph 2 of the Petition and denies generally and specifically every allegation contained therein.

AFFIRMATIVE DEFENSES

1. Defendant is retired from Federal Civil Service and receives Civil Service retirement funds which are exempt from attachment, levy, or garnishment of commercial debts. (5 USC 5 U.S.C. § 8346(a). This probably shouldn't be here, right? Someone else told me I should include it)

2. Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Petition and each cause of action therein fail to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted.

3. Defendant has no knowledge of any contract or agreement with plaintiff.

4. Plaintiff admits to debt being assigned to them by the original creditor, therefore, no contractual obligation exists with alleged debtor, causing Plaintiff's injury to its own self, therefore Plaintiff is barred from seeking relief for damages. There are no averments as to the nature of the purported assignment or evidence of valuable consideration.

5. Plaintiff's petition fails to allege whether the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide.

6. Plaintiff's petition further fails to allege that the Assignor even has knowledge of this action or that the Assignor has conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant.

7. Plaintiff is not the real party in interest.

8. Plaintiff's petition violates the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Petition is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person.

9. Defendant claims a Failure of Consideration, as there has never been any exchange of any money or item of value between the Plaintiff and the Defendant.

10. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff.

11. Defendant alleges that the granting of the Plaintiff's demand in the Petition would result in Unjust Enrichment, as the Plaintiff would receive more money than plaintiff is entitled to receive.

12. Plaintiff is barred under the Fair Debt Collection Practices Act, hereinafter called FDCPA, from collecting attorney fees, interest, collection fees, and any amount not specifically provided for by agreement.

13. Defendant claims Accord and Satisfaction as Defendant alleges that the original creditor accepted payment from the Plaintiff or a third party for the purported debt, or a portion of the purported debt, or that the original creditor received other compensation in the form of monies or credits.

14. Plaintiff voluntarily, with knowledge inherent, made an assumption of risk in assuming ownership of a purported debt, and is not entitled to judgment and not entitled to equitable, pecuniary or statutory damages.

15. Plaintiff’s damages are the result of acts or omissions committed by non-parties to this action over whom Defendant has no responsibility or control.

16. Plaintiff’s prejudgment interest violates the standard of equity and there is no evidence of pecuniary loss.

17. Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date.

I have not received verification yet. I assume it will be an affidavit or something similar. I am so confused and frustrated - any help is so appreciated. If someone could just look over my answer and let me know if it sounds halfway intelligent. Thanks so much.
B-OK

[SmartNsexa]

Hello all, I am wondering if any of you helpful people could assist me through the process that is beginning after being served a summons. I am doing my best to do this without bothering anyone but I just want to make sure I do it right. I have used a lot of valuable information from the posts and samples here. Hopefully I can return the help to someone else here some day. I am so desperate in this mess and pulling my hair out, we have no money for an attorney.

I live in Oklahoma. I have been served a summons with a Petition of Indebtedness regarding a credit card debt. The plaintiff is Unifund, a well known junk debt buyer with a terrible reputation. The law firm is in the same category.

BTW, I am a civil service retiree on a very small income, my husband is disabled and unemployed, I was told to be sure and state that my funds are exempt from attachment or garnishment in the affirmative defenses, just to put the plaintiff on notice. Oklahoma does have an exemption certificate for these funds if judgment is rendered. Does this go in the affirmative defenses?

The summons states I have 35 days after service which was January 25th. Here is what their petition for indebtedness states:

IN THE DISTRICT COURT OF COUNTY
STATE OF OKLAHOMA
UNIFUND CCR PARTNERS
VS.
ME

PETITION FOR INDEBTEDNESS

COMES NOW the Plaintiff and for cause of action against the Defendant alleges and states:

1. Unless you, within 30 days after receipt of this notice, dispute the validity of the debt, or any portion thereof, we will assume the debt to be valid. If you notify this law firm, LBN, in writing within the 30 day period, that the debt, or any portion thereof, is disputed, our law firm, LBN, will obtain verification of the debt and mail a copy of the verification to you. Upon your written request within the 30 day period, our law firm, LBN will also provide you with the name and address of the original creditor, if different from the current creditor. This is a communication from a debt collector. This communication is an attempt to collect a debt and any information obtained from this communication will be used for that purpose.

2. OC (Original creditors name) provided credit to the defendant on a written credit card account. The indebtedness arising therefrom has been duly assigned to Unifund CCR Partners, plaintiff therein.

3. After all applicable credits, the defendant remains indebted to the plaintiff in the amount of $8000, plus $5,900, which represents interest from the date of default through January 2, 2008, with interest accruing at the rate of 32.310% per annum.

WHEREFORE, Plaintiff prays for Judgment againt the Defendant in the amount of $8000 with interest as set forth above, all court costs and a reasonable attorneys fee of $1200 and for such other and further relief as to this Court may seem equitable, just and proper.

Here is my draft answer if someone wouldn't mind looking it over. When should it be filed, the summons says 35 days, it was served January 25th)

ANSWER TO PETITION FOR INDEBTEDNESS
AND AFFIRMATIVE DEFENSES

1) Paragraph 1 of the Plaintiff's Petition requires no response. To the extent a response is deemed necessary, Paragraph 1 appears to be notice of the Defendant's rights under the Fair Debt Collection Practices Act and the Defendant has sent by registered mail a request for validation of the debt alleged in Plaintiff's Petition.

2. Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the allegations contained in paragraph 2 of the Petition and denies generally and specifically each and every allegation contained therein.

3. Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the allegations contained in paragraph 2 of the Petition and denies generally and specifically each and every allegation contained therein.

AFFIRMATIVE DEFENSES

1. Defendant is retired from Federal Civil Service and receives Civil Service retirement funds which are exempt from attachment, levy, or garnishment of commercial debts. (5 USC 5 U.S.C. § 8346(a). This probably shouldn't be here, right? Someone else told me I should include it)

2. Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Petition and each cause of action therein fail to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted.

3. Defendant has no knowledge of any contract or agreement with plaintiff.

4. Plaintiff admits to debt being assigned to them by the original creditor, therefore, no contractual obligation exists with alleged debtor, causing Plaintiff's injury to its own self, therefore Plaintiff is barred from seeking relief for damages. There are no averments as to the nature of the purported assignment or evidence of valuable consideration.

5. Plaintiff's petition fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide.

6. Plaintiff's petition further fails to allege that the Assignor even has knowledge of this action or that the Assignor has conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant.

7. Plaintiff is not the real party in interest.

8. Plaintiff's petition violates the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Petition is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person.

9. Defendant claims a Failure of Consideration, as there has never been any exchange of any money or item of value between the Plaintiff and the Defendant.

10. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff.

11. Defendant alleges that the granting of the Plaintiff's demand in the Petition would result in Unjust Enrichment, as the Plaintiff would receive more money than plaintiff is entitled to receive.

12. Plaintiff is barred under the Fair Debt Collection Practices Act, hereinafter called FDCPA, from collecting attorney fees, interest, collection fees, and any amount not specifically provided for by agreement.

13. Defendant claims Accord and Satisfaction as Defendant alleges that the original creditor accepted payment from the Plaintiff or a third party for the purported debt, or a portion of the purported debt, or that the original creditor received other compensation in the form of monies or credits.

14. Plaintiff voluntarily, with knowledge inherent, made an assumption of risk in assuming ownership of a purported debt, and is not entitled to judgment and not entitled to equitable, pecuniary or statutory damages.

15. Plaintiff’s damages are the result of acts or omissions committed by non-parties to this action over whom Defendant has no responsibility or control.

16. Plaintiff’s prejudgment interest violates the standard of equity and there is no evidence of pecuniary loss.

17. Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date.

I have not received verification yet. I assume it will be an affidavit or something similar. I am so confused and frustrated - any help is so appreciated. If someone could just look over my answer and let me know if it sounds halfway intelligent. Thanks so much.
B-OK

Okay, the format is to respond to each paragraph of the complaint with your own, matching paragraphs and be BRIEF@!

You can say As to:
1: I deny I owe any of the stated debt.

2: I deny any knowledge of the transfer of debt to assigned to Unifund CCR Partners, plaintiff therein, because I deny this debt exists.

3: As to Paragraph 3.
A) I again deny any knowledge of any such debt.
B) "32.310% per annum" may be Usury and may be actionable.

As this is not my debt I demand a jury trial for the determination of facts.
COUNTER CLAIM
Now you can claim whatever you want, and ask ffor damages.

Here is a place to get help:
Credit Service Organizations

[mr.yet]

Brenok, your response is good, don't change anything, now after the 30 days has expired send them a Notice OF Default, for failing to response has required under Fair Debt Collection Practices Act.
Keep a copy of the default to take to court, mail them a copy certified mail with return receipt.

If they canot prove the alleged debt, there is no debt.