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I Answered The Summons

This company is claiming to be the assignee of Providian and claiming I owe them all this money. Where is the proof of that? You cannot just simply state that without any evidence to back it up, even I knew that. That’s like someone coming to your door and telling you that you owe them money. Wouldn’t you want this person to prove it to you? I mean, you have no clue who this person is and they are demanding money so they need to prove it!

If I had known better, I would have read over my court rules and found out that in the state where I live in, Indiana, I am allowed to file a Motion To Dismiss first. If the judge were to deny that Motion, then I would have 10 days to respond to the Summons after the denial. If the judge granted the Motion, the case is dismissed without prejudice giving the plaintiff 10 or 20 days to amend their Complaint.

Rule 9.2. Pleading and proof of written instruments

(A) When instrument or copy must be filed. When any pleading allowed by these rules is founded on a written instrument, the original, or a copy thereof, must be included in or filed with the pleading. Such instrument, whether copied in the pleadings or not, shall be taken as part of the record.

The above was telling me that if I was to be sued under a “contract”, that the original or copy thereof, must be attached with the complaint. But again, I had no clue what I was doing so I looked all over the place to try and figure out how to answer this Summons.

I didn’t understand all of these “law words” and when it came down to putting my affirmative defenses down, I was uneducated and fearful of the words so I neglected to put quite a few down. To be honest, I didn’t even know what affirmative defenses were!

My response to the Summons.

Take note that each numbered paragraph pertains to each affirmative defense. When answering this Summons I had to lay down my affirmative defenses, and I have learned that I should use every single affirmative defense even if it makes no sense what so ever to me.

In the future, I would use every single one I found. In this round I left out quite a bit because I didn’t understand what they meant and they scared me. For example, I was scared of the term ‘Statute of Frauds’, but you do need to use it.

  • Now comes the Defendant, Pro Se, who denies the following paragraphs of the plantiff’s Complaint:

    • Defendant denies the allegations contained in Paragraph 1 of the Complaint as defendant is without information or knowledge sufficient to form an opinion as to the truth and accuracy of alleged assignments and entitlements.

    • Defendant denies the allegations contained in Paragraph 2 as there is not, nor has there ever been any agreement, written, oral or implied with the Plaintiff and defendant.

    • Defendant lacks knowledge about the truth and therefore denies allegations contained in paragraph 2, plaintiff has failed to provide defendant with any kind of account numbers or documentation for alleged debt.

Click here to see the affirmative defenses I used and got my case dismissed!