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  1. #1
    Join Date
    Feb 2010
    Location
    kentucky
    Posts
    7

    Default Defense to a Filed Complaint

    My question involves judgment recovery in the State of: Kentucky

    I was served 02/21/10, with a Summons advising me of a Complaint filed in District Court on 09/22/09. They basically want past credit card $$, accrued int thru 09/16/09, int thereafter @ 17.000 rate per annum (whatever per annum means) & the usual atty fees. My written defense is expected in 20 days & if not, a Judgment of Default may be taken. I do not know whether to file an Answer. If I do, what are reasonable defenses accepted by the Court? I am on disability. If something is not done, will/can my income be garnisheed? I was told not to do anything & not to worry about it. I was also told they would take my car. Any sane & legal guidance is greatly appreciated.

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Defense to a Filed Complaint

    You are correct that if you don't file a reply/answer to the summons within the time limit allowed, they will get a default judgment against you. When/if you reply, you tell the truth. If you have a defense, you put that in the answer (ie the SOL has elapsed, you don't believe the debt is yours, you paid the debt already ......).

    If they would get a judgment against you, below shows the exempt assets in your state. (assets/income that cannot be seized/garnished).

    per US Chamber of Commerce 2008
    Homestead: Real or personal property used as residence up to $5,000.

    Pensions and Retirement Benefits: Funds exempt for firefighters, police, teachers, state employees and county government employees. Other pensions exempt if needed for support. IRA exemptions for conventional, Roth, SEP and SIMPLE plans. Limited to contributions that are made more than 120 days before bankruptcy filing. Roth IRAs and regular IRAs up to $1,095,000 per person.

    Insurance: Annuity benefits up to $350 per month. Life insurance, if beneficiary is a married woman or not the insured, or a clause in the policy prohibits payment to creditors, or if a group policy. Health or disability contract benefits. Cooperative life or casualty insurance benefits. Fraternal society benefits.

    Personal Property: Burial plot up to $5,000 in lieu of homestead exemption. Clothing, jewelry and furnishings up to $3,000 total. Payments for lost earnings needed for support. Medical expenses. Reparation benefits. Motor vehicle up to $2,500. Personal injury recoveries up to $7,500 (not to include pain and suffering). Wrongful death recoveries.

    Tools of Trade: Tools up to $300, plus artisans in the business of maintaining mechanical or electrical equipment in general use, and ministers, attorneys, doctors, chiropractors, veterinarians and dentists may exempt a motor vehicle worth up to $2,500. Ministers, attorneys, doctors, chiropractors and veterinarians may also exempt up to $1,000 of professional equipment. Farmers may exempt up to $3,000 in poultry, livestock, tools and equipment.

    Miscellaneous: Business partnership property. Alimony and child support.

    Wages: Greater of 75% of earned but unpaid wages or excess of disposable wages over 30 times federal minimum wage.

    Public Benefits: Unemployment compensation. Workers' compensation. Aid to blind, aged and disabled. AFDC. Crime victim's compensation.

    Wild Card: $1,000 of any property.

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Defense to a Filed Complaint

    You have no real defenses based on what you describe.

    However, you can fight them.

    You don't have to admit anything in your answer.

    You can deny everything and make them prove it.

    The attorney can't testify that you owe the money. He can't testify about the paperwork. Someone responsible for handling the paperwork has to establish the basis for it and testify before it can be admitted. The attorney is not a witness and can't provide any evidence.

    Of course, if you don't answer they will get a default.

    Going this route is best with an attorney if you are not a real quick study on rules of evidence, etc.

    They might make you a deal.

    You might get lucky. They might not be able or willing to produce the paperwork.

  4. #4
    Join Date
    Feb 2010
    Location
    kentucky
    Posts
    7

    Default Re: Defense to a Filed Complaint

    Pls let me see if i understand this correctly. 1) i did not know if illness & medical expenses would be an "acceptable reason for the Court." still is. also, do i take med records? i could give them YEARS worth!! if so, do i use as an Exhibit?
    2) am I to understand that my income is not within their reach (so to speak) under Public Benefits?
    3) And, they cannot touch my car under the category of Personal Property (my car is not worth $2,500). Should I transfer title to someone else?

    Thank u for your help.

    FYI - The amount they are asking for is $782.16 + accrued interest of $102.71 plus 17.000% per annum until paid in full. Plus, atty fees.

  5. #5
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Defense to a Filed Complaint

    Quote Quoting pockets
    View Post
    Pls let me see if i understand this correctly. 1) i did not know if illness & medical expenses would be an "acceptable reason for the Court." still is. also, do i take med records? i could give them YEARS worth!! if so, do i use as an Exhibit?
    2) am I to understand that my income is not within their reach (so to speak) under Public Benefits?
    3) And, they cannot touch my car under the category of Personal Property (my car is not worth $2,500). Should I transfer title to someone else?

    Thank u for your help.

    FYI - The amount they are asking for is $782.16 + accrued interest of $102.71 plus 17.000% per annum until paid in full. Plus, atty fees.
    1) illness/medical expenses would not normally be an acceptable defense not to pay your credit card debt - the debt is still owed (unless you have an acceptable defense such as those I mentioned)

    2) if you get public benefits, the income should be safe from seizure

    3) your car should be ok if worth less than $2500. I would not transfer title to someone else.

  6. #6
    Join Date
    Feb 2010
    Location
    kentucky
    Posts
    7

    Default Re: Defense to a Filed Complaint

    i don't even no how to ask this. the following are 3 numbered sentences that serve as their complaint.

    1) defendant is liable under an agreement attached as Ex A (not readable)
    2) they state amts past due & give a reg mo statemnt as Ex B (not readable)
    3) want atty fees.

    (the exhibits they have are the small print info they send with regular bills, nothing out of the ordinary)

    if i answered like this:

    1) neither admits nor denies #1 of the Plaintiffs Complaint;
    2) neither admits nor denies #2 of the Plaintiffs Complaint; and
    3) defendant does not believe plaintiff is entitled to any fees.

    wherefore, defendant prays for dismissal of complaint.


    OR IF I ANSWERED LIKE THIS:

    1) denies #1 of the Plaintiffs Complaint;
    2) denies #2 of the Plaintiffs Complaint; and
    3) defendant does not believe plaintiff is entitled to any fees.

    wherefore, defendant prays for dismissal of complaint


    would that work?

  7. #7
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Defense to a Filed Complaint

    I'm sorry but I can't tell you how to answer - that is up to you. You go with the truth.

  8. #8
    Join Date
    Feb 2010
    Location
    kentucky
    Posts
    7

    Default Re: Defense to a Filed Complaint

    i'm going to. (tell the truth, that is.) trying to figure out a few things u mentioned -- sol, etc. am getting really frustrated at myself since i don't really know. i haven't had cc's in years & have a feeling this is 1 that was in my ex's bankrpt but have no way of knowing that. so here i am trying to figure out a defense 2 something i don't know about which is why i laid out the admit/deny defense. i do have medical issues/tons of med bills. if that is not one, i don't know how else to answer. thanks alot for u'r help and your time. it is greatly appreciated.

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