Jason Forney asked 2 weeks ago
Or should I jsut choose a single strong defense and go with that? Like, is the name of the game to put as much defense into each claim or singularly answer each claim with a short and quick affirmative defense? I've been plaing with the prompts to write an answer to my debt summons, and it seem that going down and inputting each claim sparately and asking ParkerGPT to writer an affirmative defense for each one is working well, tho it is listing up to ten or twleve defenses per claim I enter. Getting the hang of this I think but could still use some advice...thanks!
Jason Forney answered 2 weeks ago
Here is an example of what I mean - this is an excerpt of my draft answer and am wondering if this format is correct to submit in my answer:
- SECOND AFFIRMATIVE DEFENSE TO PARAGRAPH 8 - DEFECTIVE BUSINESS RECORDS FOUNDATION (EXHIBIT "A")
The Brenda B***** affidavit attached as Exhibit "A" fails to establish proper foundation under South Carolina Rule of Evidence 803(6) for business records because:
- Made at or near time of event: B***** was not present when original Citibank account records were created
- Personal knowledge: B***** lacks personal knowledge of Citibank's record-keeping
practices during account operation
- Regular course of business: Records were created by third parties (Citibank) not under
MCM’s business operations when originally made
- Custodian defect: B***** cannot authenticate records from entities she never worked
for
- THIRD AFFIRMATIVE DEFENSE TO PARAGRAPH 8 - LACK OF STANDING TO COLLECT ALLEGED BALANCE
Plaintiff lacks standing to collect any balance allegedly shown in Exhibit "A" because Plaintiff has failed to establish:
- Valid ownership of the alleged debt through proper assignment documentation - Complete chain of title from Citibank to MCM with specific account identification
- That Defendant's account (ending in 6832) was specifically included in any assignment
- Authority to enforce collection rights on third-party transactions
- FOURTH AFFIRMATIVE DEFENSE TO PARAGRAPH 8 - FAILURE TO ESTABLISH PRIVITY FOR CASH ADVANCES/PURCHASES
Plaintiff cannot establish that it provided any cash advances or credit for purchases to Defendant because:
- MCM was not the original creditor that extended any credit facilities to Defendant - No contractual relationship exists between MCM and Defendant regarding credit
extensions
- MCM provided no consideration to Defendant for any alleged cash advances or
purchases
- All credit facilities were provided by Citibank, not by MCM
- FIFTH AFFIRMATIVE DEFENSE TO PARAGRAPH 9 - LACK OF STANDING TO RECOVER COLLECTION COSTS....
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Done plenty of videos on this and ParkerGPT will set you up nicely.
Hey Brian, thanks for the reply, I've been watching your videos all days and still haven't found a direct answer to my question. I'm currently drafting my answer to the summons and am learning quite a lot, but still am confused about whether or not to include all the affirmative defenses that apply to each paragraph – for example, I could list maybe 4 good defenses to any given paragraph, say paragraph 8 for instance, listed in the allegations, – so should I list all the affirmative defenses for paragraph 8 that seem to fit well? Will submitting an answer that is twenty pages long too much lol? Is it likely going to piss off the judge who ends up presiding due to so much defense happening?