The last time I paid on the account was November 2009, which was done directly to Chase. Asset Acceptance never contacted me at all, until the lawsuit.
I would like to file the most generic denial of all charges possible and/or anything else I should have in there (any affirmative defenses?). Can someone provide me a template or a way to write this that the court will accept?
I am trying to obtain an attorney who specializes in this kind of work, but have been unable to find one that charges less than 50% of the amount I am being sued for ($4000). The lawsuit is in Van Nuys West, in Los Angeles County.
Thank you!
This is not a case you want to litigate alone, particularly because - stated from your facts - you have 4 days to file the answer. If you do not file the answer within 30 days of being served, the plaintiff can request the court enter a default judgement against you. Our fee agreement is significantly below the amount that you have been quoted by other attorneys. Feel free to call my office this morning for a free consultation on your rights at 858 900 7342 or 619 233 7770 - and just mention that you are calling in reference to your attorneyqna.com question submission. Thanks and good luck!
William Jay Rose IIDebt Settlement AttorneySanta Monica, CA ·
It is my experience, that the judges in Van Nuys do not have a favorable view of debtor-defendants in limited civil (under $ 25K) credit card cases. Thus, when I represent consumers there credit card lawsuits, I recommend that they settle, if they can afford to, rather than risk a loss at trial.
I can often get very reasonable settlements at the outset of a case, for a lesser fee than you would pay me to fight the case. I would need to know more, including who is representing plaintiff, in order to assess the chances of early settlement.
You may visit my website for more information at www.californiaconsumeradvocate.com or call me for a free consultation at 310-458-1600
I handle these cases on a regular basis and offer very competitive rates. Check out my reviews on this site. Call me tomorrow on my cell phone 650-787-6946.
If Chase sued you for breach of contract and/or common counts, then you can use this Answer form http://www.courts.ca.gov/documents/pldc010.pdf and check box 3a. for a general denial. The affirmative defenses you assert in box 4 will depend upon the facts of your case. The reference librarian at your local public law library should be able to direct you to a treatise that describes the various affirmative defenses for contract/common counts actions.
Why do you think you have only 4 days to file and serve an answer? If you were personally served with the summons and complaint (i.e., someone handed them to you), then you have 30 days from date of service to file and serve your answer. By contrast, if someone handed the summons and complaint to a co-habitant or co-worker, and then mailed the documents to you, then you have 40 days from date of mailing to file and serve your answer.
Good luck.
