Help filing answer after receiving complaint and being sued by debt collector

Asked about 2 years ago - Lebanon, PA

I would like to know what info belongs in the blanks. Second Defense: Disputed amount
12.    Defendant repeat all the statements in the previous paragraphs as if typed in full here.
13.    Defendant dispute_________________ the amount that Main Street Aquisition Corp says Defendant owe_________________.
14.    Defendant believe_________________ the amount is wrong because:
a)    the fees (like late and over-limit fees) are too much or should not have been added and
b)    there are no calculations or enough information to prove how much Defendant owe_________________
15.    Main Street Aquisition Corp must provide proof of the exact amount Defendant owe_________________ by presenting evidence of what charges were made and how the amount was calculated.

Attorney answers (4)

  1. Brian Edward Sipe

    Contributor Level 15

    9

    Lawyers agree

    1

    Answered . I agree with Mr. Thomas. I would also add that anyone who represents him/herself in court based upon legal answers provided through a medium such as Avvo is doing themselves a great disservice. Take note that answering these questions does not raise any protections or defenses that you may have. Get an attorney to look over the entire relationship between you and the source of the alleged debt. Make sure that you are not dealing with a company that purchased the debt. Make sure the debt is in the correct amount. These things can only be done for you by an attorney who is working closely with you.

  2. Charles Thomas Jr.

    Contributor Level 16

    9

    Lawyers agree

    Answered . No lawyer with half a brain will answer that here. That constitutes legal advice and representation, and would trigger various professional responsibilities and subject us to malpractice if we get it wrong.

    Telling you how to prepare an answer to a complaint requires full and complete consultation with all the relevant documents in front of us.

    And lastly, that's the part you pay us for.

  3. James W. Zerillo

    Pro

    Contributor Level 15

    7

    Lawyers agree

    1

    Answered . I agree.A form Answer to a Complaint is not something an attorney here could comprehensively review,especially in part.Additionally,there are Affirmative Defenses that can be raised in an Answer and New Matter that if not made are waived.Further there are possibilities regarding Preliminary Objections to a Complaint that must be investigated.Contact an attorney for a consult to extensively review ALL your options in person.Be aware that there are time limitations so do so as soon as possible.Good luck.

    This answer does not create an attorney/client relationship and is for informational purposes only.For further... more
  4. Daniel Anthony DeLiberty

    Pro

    Contributor Level 10

    2

    Lawyers agree

    Answered . The other attorney answers are correct - Avvo isn't really designed to give this type of advice from a form answer. Good lawyering is rarely as simple as "fill in the blanks." These debt buyer lawsuits can often be defended with great success, but the legal system can be complicated and you likely will do yourself a disservice by trying to answer the lawsuit pro se (without a lawyer). I have beaten the debt buyer who is suing you many times - feel free to call my office for a free consultation to explore your options. Or find another consumer or debt defense lawyer in your area. The price one pays a lawyer will often be a small percentage of the total alleged debt, which likely could save a defendant a significant amount of money. www.creditcardlegalhelp.com

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