On July 13, 2018 a
Answer
was filed
involving a dispute between
Capital Group Jh,
Jh Portfolio Debt Equities Llc,
and
Christopher R Nutting,
for Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
in the District Court of Oswego County.
Preview
FILED: OSWEGO COUNTY CLERK 08/20/2018 10:21 AM INDEX NO. EFC-2018-1171
NYSCEF DOC. NO.R6 C. COURT COUNTY OF flee h RECEIVED
Part: NYSCEF: 08/20/2018
WRITTEN ANSWER
O G A qH ital Grov o CONSUMER CREDIT TRANSACTION
-a nst Cap
perendant(s) Index Number: O
ANSWE Check allthat apply)
1. General Denial: I deny the a!!egations inthe Complaint.
SERVICE
2. O I didnot receive a copy of the Summons and Complaint.
3. O I receivedthe Summons and Complaint, but service was not correct as required by law.
DEFENSES
4. O is notmy debt. I am a victim of identitytheftor mistaken identity.
5. have paid allor part ofthe alleged debt.
6. ispute the amount of the debt.
7. I had no business dealings with Plaintiff lacks
(Plaintiff standing).
8. O There is norecord of plaintiff
having a licenseto collectdebt (only for cases filedin New York City,Buffalo and
other municipalities requiring debt collectors to be licensed).
9. O Plaintiff
does not allegea debt collector'slicense number inthe Complaint (onlyfor cases filedin New York
City, Buffalo and other municipalities requiringdebt collectors to be licensed).
10. ¤ Statute of limitations(the time has passed to sue on this debt).
11. O This debt has been discharged in bankruptcy.
12. ¤ The collateral(property) was not sold ata commercially reasonable price.
13. O Failureto provide proper notice before sellingcollateral (property).
14. O Failureto mitigate damages (Plaintiff
did not take reasonab!e steps to limitdamages).
15. O Unjust enrichment (the amount demanded is excessivecompared with the originaldebt)· OSWEGO COUNTY CLERK S
16. O Violation of the duty of good faithand fair dealing.
201 0 20 g10:22
17. O Unconscionability (the contract is unfair).
18. O Laches (plaintiffhas excessively delayed inbringing thislawsuit to my disadvantage).
19-a.O OUTSIDE OF NEW YORK CITY ONLY: Lack of personal jurisdictionunder Uniform City Court Act § 213 (applies if
you do not work inthe city where the case was filedand you are not aresident of that cityor (forallcounties
except Westchester and Nassau counties) you are not a resident of a town next to thatcitywithin the same
county).
19-b. ¤ SUFFOLK COUNTY: Lack of personal jurisdiction;the defendant is nota resident and/or was not served in,or
there was no transaction of business in,that portion of SuffolkCounty for which a DistrictCourt has been
established (Towns of Huntington, Babylon, Smithtown
Islip, and Brookhaven).
20. fendant is inthe military.
21. Other Reasons deb L A,o a_g kr A Per -f0) t acom e o O do po --
22. Please take notice that my only source of income is , which is exempt from collection.
23. Counterclaim(s): $ Reason: 1 f
, , ,e a,, ,,
VERIFICATION ft c e {egµce .
State of New County of ss:
, beingduly sworn, deposes and says:I have read the Answer inWriting and know
the contents to be true from wn knowledge, except as tothose matters stated i n and belief,and as to
those matters I believethem to be tru .
Sworn to before me this day of , 20
Signature of Defendant
Notary Public Defendant's
Address:
This case is scheduled to app n the court calendar as follows:
Date: P . Room: __ Time: Both sides no Yes No
UCS-CC- vise 1/15)
1 of 1
Document Filed Date
August 20, 2018
Case Filing Date
July 13, 2018
Category
Other Matters - Consumer Credit (Card) Debt Buyer Plaintiff
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FILED: OSWEGO COUNTY CLERK 08/20/2018 10:21 AM INDEX NO. EFC-2018-1171 NYSCEF DOC. NO.R6 C. COURT COUNTY OF flee h RECEIVED Part: NYSCEF: 08/20/2018 WRITTEN ANSWER O G A qH ital Grov o CONSUMER CREDIT TRANSACTION -a nst Cap perendant(s) Index Number: O ANSWE Check allthat apply) 1. General Denial: I deny the a!!egations inthe Complaint. SERVICE 2. O I didnot receive a copy of the Summons and Complaint. 3. O I receivedthe Summons and Complaint, but service was not correct as required by law. DEFENSES 4. O is notmy debt. I am a victim of identitytheftor mistaken identity. 5. have paid allor part ofthe alleged debt. 6. ispute the amount of the debt. 7. I had no business dealings with Plaintiff lacks (Plaintiff standing). 8. O There is norecord of plaintiff having a licenseto collectdebt (only for cases filedin New York City,Buffalo and other municipalities requiring debt collectors to be licensed). 9. O Plaintiff does not allegea debt collector'slicense number inthe Complaint (onlyfor cases filedin New York City, Buffalo and other municipalities requiringdebt collectors to be licensed). 10. ¤ Statute of limitations(the time has passed to sue on this debt). 11. O This debt has been discharged in bankruptcy. 12. ¤ The collateral(property) was not sold ata commercially reasonable price. 13. O Failureto provide proper notice before sellingcollateral (property). 14. O Failureto mitigate damages (Plaintiff did not take reasonab!e steps to limitdamages). 15. O Unjust enrichment (the amount demanded is excessivecompared with the originaldebt)· OSWEGO COUNTY CLERK S 16. O Violation of the duty of good faithand fair dealing. 201 0 20 g10:22 17. O Unconscionability (the contract is unfair). 18. O Laches (plaintiffhas excessively delayed inbringing thislawsuit to my disadvantage). 19-a.O OUTSIDE OF NEW YORK CITY ONLY: Lack of personal jurisdictionunder Uniform City Court Act § 213 (applies if you do not work inthe city where the case was filedand you are not aresident of that cityor (forallcounties except Westchester and Nassau counties) you are not a resident of a town next to thatcitywithin the same county). 19-b. ¤ SUFFOLK COUNTY: Lack of personal jurisdiction;the defendant is nota resident and/or was not served in,or there was no transaction of business in,that portion of SuffolkCounty for which a DistrictCourt has been established (Towns of Huntington, Babylon, Smithtown Islip, and Brookhaven). 20. fendant is inthe military. 21. Other Reasons deb L A,o a_g kr A Per -f0) t acom e o O do po -- 22. Please take notice that my only source of income is , which is exempt from collection. 23. Counterclaim(s): $ Reason: 1 f , , ,e a,, ,, VERIFICATION ft c e {egµce . State of New County of ss: , beingduly sworn, deposes and says:I have read the Answer inWriting and know the contents to be true from wn knowledge, except as tothose matters stated i n and belief,and as to those matters I believethem to be tru . Sworn to before me this day of , 20 Signature of Defendant Notary Public Defendant's Address: This case is scheduled to app n the court calendar as follows: Date: P . Room: __ Time: Both sides no Yes No UCS-CC- vise 1/15) 1 of 1