[brjmhome]

IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS
ASSOCIATE JUDGE DIVISION
STATE OF MISSOURI
MIDLAND FUNDING LLC, ASSIGNEE OF )
ASPIRE VISA )
)
) Case No: XXXXX
Plaintiff, ) Division: 27
)
Vs )
) ANSWER, AFFIRMATIVE DEFENSE
XXXXXX )
)
Defendant. )

ANSWER COUNT 1 – FOR MONEY LOANED:
1: I deny ITEM 1 of COUNT 1 because Plaintiff has been unable to provide any proof that they are the legitimate ASSIGNEE OF ASPIRE VISA thus far.
2: I admit ITEM 2 of COUNT 1 as I am a resident of the CITY OF ST. LOUIS
3: I deny ITEM 3 of COUNT 1 as the Plaintiff has not provided any proof that they are the current owner of the right to receive payment as alleged in the complaint.
4: I deny ITEM 4 of COUNT 1. I never entered into an Agreement with ASPIRE VISA and I was not provided with money by a Visa credit card.
5: I deny ITEM 5 of COUNT 1 as I have never entered into an Agreement with the Plaintiff that would require me to pay the debt alleged by the Plaintiff.
6: I deny ITEM 6 of COUNT 1 as no demand for payment was made on or about September 30, 2008. The first communication I received from the Plaintiff was in the form of this Complaint which defrauded me of my legal right to Validate the debt within 30 days of demand for payment.

ANSWER COUNT 2 – ON ACCOUNT:
1: I deny ITEM 1 of COUNT 2 because Plaintiff has been unable to provide any proof that they are the legitimate ASSIGNEE OF ASPIRE VISA thus far.
2: I deny ITEM 2 of COUNT 2 as the Plaintiff has provided no evidence that they are indeed the current owner of the account described in the Complaint.
3: I deny ITEM 3 of COUNT 2. I have never entered into an Agreement with ASPIRE VISA or the Plaintiff therefore I cannot claim responsibility for the erroneous charges described in ITEM 3 of COUNT 2.
4: I deny ITEM 4 of COUNT 2. Since I have never entered into an Agreement with the Plaintiff or ASPIRE VISA, therefore no charges on said account can be reasonable.
5: I deny ITEM 5 of COUNT 2. I have never entered into an Agreement with the Plaintiff or ASPIRE VISA, therefore there can be no balance due. Since no balance is due, this ITEM is false.
6: I deny ITEM 6 of COUNT 2. Demand for payment was never presented to allow me the opportunity to dispute the Plaintiff’s erroneous claim prior to this Complaint. Since demand for payment was not made and refused, this statement is therefore false and denied.
AFFIRMATIVE DEFENSE II
I, Jane Doe, Deny this alleged debt in its entirety as it is not mine. I will be using the LACK OF PRIVITY as my AFFIRMATIVE DEFENSE as I have never entered into any Agreement with the Plaintiff or ASPIRE VISA.
Jane D. Doe
By: _______________________________
Mrs X, Defendant
111 Imagine street
Saint Louis, Mo. 63109
000-000-0000

CERTIFICATE OF SERVICE

The undersigned certifies that the above documents were served on all parties in the above cause by 3.5 diskette and by depositing an original and one copy in the U.S. Mail, postage prepaid, in an envelope addressed to: LAW OFFICES OF KRAMER & FRANK, P.C. 9300 DIELMAN INDUSTRIAL DR. STE. 100 ST. LOUIS, MISSOURI 63132, on _________________________________________________

__________________________________



Looking good? I know these people do not have an original contract & I refuse to give money to lowlife 3rd party junk debt collectors. My next draft is going to be a Request for Interrogatories directed to the Plaintiff & Production of Documents. Should wrap-'er up if I can manage to draft them properly. Fortunately with some research on the states website & using their own motions as templates, I think I will get this done properly & go pee pee in a liar... err I mean lawyers cheerios at the next court appearance.

[brjmhome]

Sorry, but the format did not hold when I copy & pasted but I'm sure if you've been served, you know how it looks :)