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Generic Answer and Counterclaim

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                   IN THE CIRCUIT COURT OF THE STATE OF YOURSTATE
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 4                               FOR THE COUNTY OF YOURCOUNTY

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     BANKSTER CORP.,
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                    Plaintiff,                             Case No. 0207XXXX
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                         v.                                ANSWER and COUNTERCLAIM
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     Siren Sur La Mer,                                     Jury Trial Demanded
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               Alleged Defendant.                          Amount is under $10,000
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     Siren Sur La Mer,
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               Alleged Defendant/ Counter-Plaintiff
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                         v.
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     BANKSTER CORP.,
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                    Plaintiff/ Counter-Defendant.
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19          COMES NOW Siren Sur La Mer, sui juris, Alleged Defendant/Counter-Plaintiff
20   (hereafter “defendant”) in the above-captioned matter, untrained in the law, unfamiliar with the
21   local rules, not self-represented, not represented by licensed counsel, an individual in the
22   exercise of accountability to the laws of her GOD, asking that this and all future pleadings be

23   “liberally construed” pursuant to the “Kerner Doctrine,” Haines v. Kerner, 404 US 519; 30 L.Ed

24   2d 652; 92 S.Ct. 594 (1972) and ANSWERS the COMPLAINT FOR MONEY filed against her

25   and COUNTER-CLAIMS, as follows:

26   ///

Page 1 of 10 – ANSWER and COUNTERCLAIM
                                                      1
 1                                            ANSWER
 2                                                 1.
 3          Defendant denies plaintiff/counter defendant’s allegation number 1 and demands strict
 4   and authenticated proof thereof.
 5                                                 2.
 6          Defendant denies plaintiff/counter defendant’s allegation number 2 and demands strict
 7   and authenticated proof thereof.
 8                                                 3.
 9          Defendant denies plaintiff/counter defendant’s allegation number 3 and demands strict
10   and authenticated proof thereof.
11                                                 4
12          Defendant denies plaintiff/counter defendant’s allegation number 4 and demands strict
13   and authenticated proof thereof.
14                                                 5
15          Defendant denies plaintiff/counter defendant’s allegation number 5 and demands strict
16   and authenticated proof thereof.
17                                                 6
18          Defendant denies plaintiff/counter defendant’s allegation number 6 and demands strict
19   and authenticated proof thereof.
20                                                 7
21          Defendant denies plaintiff/counter defendant’s allegation number 7 and demands strict
22   and authenticated proof thereof.
23                                                 8
24          Defendant denies plaintiff/counter defendant’s allegation number 8 and demands strict
25   and authenticated proof thereof.
26          ///
Page 2 of 10 – ANSWER and COUNTERCLAIM
                                                   2
 1                                                   9

 2          Defendant denies plaintiff/counter defendant’s allegation number 9 and demands strict

 3   and authenticated proof thereof.

 4                                                   10

 5          Defendant denies plaintiff/counter defendant’s allegation number 10 and demands strict

 6   and authenticated proof thereof.

 7                                                   11

 8          Defendant denies plaintiff/counter defendant’s allegation number 11 and demands strict

 9   and authenticated proof thereof.

10                                                   12

11          Defendant denies plaintiff/counter defendant’s allegation number 12 and demands strict

12   and authenticated proof thereof.

13                                                   13

14          Defendant denies plaintiff/counter defendant’s allegation number 13 and demands strict

15   and authenticated proof thereof.

16                                                   14

17           As to all allegations of damages claimed by plaintiff/counter-defendant, Alleged

18   Defendant demands strict and authenticated proof from plaintiff as to the steps plaintiff has taken

19   to mitigate any damages claimed in its complaint. Specifically, defendant demands strict proof

20   that plaintiff has not received, nor will it receive in the future, any form of money, credit,

21   favorable tax or accounting treatment, insurance settlement, or any other value, consideration or

22   remuneration from the sale, transfer, assignment or novation of the asset represented by the

23   receivable, contract, debt instrument, or any other instrument based upon the disputed account

24   relationship between plaintiff and defendant, which sale, assignment, novation or transfer was

25   never approved or assented to by defendant.

26          ///
Page 3 of 10 – ANSWER and COUNTERCLAIM
                                                     3
 1                                                    15

 2          As to any allegations that plaintiff is the owner or holder of the account, contract, note, or

 3   debt instrument that is the basis for the complaint in this cause of action, defendant hereby rebuts

 4   and disputes that allegation and demands strict and authenticated proof that plaintiff is in fact the

 5   owner or holder thereof.

 6                                                    16

 7          As to all allegations not specifically admitted herein, they are hereby denied and

 8   defendant demands strict and authenticated proof thereof each.

 9                                                    17

10          In defense of the unsupported allegations raised in plaintiff’s complaint, defendant asserts

11   the following affirmative defenses.

12                                     AFFIRMATIVE DEFENSES

13                       DEFENDANT’S FIRST AFFIRMATIVE DEFENSE:
                                PLAINTIFF LACKS STANDING TO SUE
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15                                                    18

16          On information and belief, defendant believes that plaintiff that is named in the caption
17   set forth above is no longer the owner or holder of the contract, account, debt obligation or other
18   instrument that is the basis of this cause of action. To wit, defendant believes that this cause of
19   action is being brought in the name of the named plaintiff, however, the named plaintiff has sold,
20   assigned, forwarded, subrogated, entered into a novation of the alleged contract or otherwise
21   relinquished ownership and/or control of the account, contract, debt obligation or other
22   instrument upon which the action is based, and has transferred the asset(s) off of its books for
23   regulatory capital and accounting purposes.
24                      DEFENDANT’S SECOND AFFIRMATIVE DEFENSE:
25                    COMPLAINT FAILS TO STATE A CAUSE OF ACTION
26   ///
Page 4 of 10 – ANSWER and COUNTERCLAIM
                                                      4
 1                                                     19

 2          The complaint as it is currently drafted fails to state sufficient facts to establish the
 3   necessary elements for a cause of action in contract or account stated. To wit, the complaint is
 4   unsupported by any admissible evidence of the existence of a valid and enforceable written
 5   agreement, note or other instrument between the parties. Plaintiff has failed to produce any
 6   factual evidence demonstrating to this Court that the defendant borrowed money or credit from
 7   the plaintiff, or that the defendant promised to pay the plaintiff anything. In addition, the
 8   plaintiff has failed to introduce competent evidence of damages that defendant has allegedly
 9   suffered by the alleged default of defendant. Absent the introduction of this evidence by a
10   competent fact witness with first hand knowledge of the execution of a valid enforceable contract
11   between the parties and other material facts, the complaint contains no set of facts sufficient to

12   state a cause of action on which relief might be granted herein.

13                       DEFENDANT’S THIRD AFFIRMATIVE DEFENSE:
14                                               ESTOPPEL
15                                                     20

16          Plaintiff that is named in the caption of this cause of action was served with defendant’s
17   valid disputes with respect to the alleged account, and failed to respond and satisfy defendant’s
18   disputes of the alleged debt. Plaintiff has thus defaulted upon its claim by failing to respond
19   thereto. As such, plaintiff is estopped from bringing the instant cause of action. In addition,
20   defendant served written demands for verification, validation and documentation concerning the
21   account, and the alleged debt that is at issue herein, as was defendant’s right under established
22   principles of contract law and the terms of the Fair Credit Billing Act. Named plaintiff failed to
23   respond to defendant’s demands for documentation, verification and validation, and continued to
24   pursue the collection of the alleged debt, in violation of established principles of contract,
25   collections and administrative law, thus precluding the pursuit of any collection activities on the

26   disputed account that is the basis for this cause of action.
Page 5 of 10 – ANSWER and COUNTERCLAIM
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 1                                          VERIFICATION

 2           Defendant certifies that he has read the pleadings and affirmative defenses set forth

 3   herein, and that to the best of his knowledge, information and belief, formed after reasonable

 4   inquiry, believes that they are well grounded in fact and warranted by existing law or a good

 5   faith argument for the extension, modification or reversal of existing law, and that they are not

 6   imposed for any improper purpose such as unnecessary delay or to harass or needlessly increase

 7   the cost of litigation.

 8           DATED this ___ day of _____________, 2007.

 9                                               .

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12                                                       _________________________________

13                                                       Siren Sur La Mer, Alleged Defendant

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Page 6 of 10 – ANSWER and COUNTERCLAIM
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                 IN THE CIRCUIT COURT OF THE STATE OF YOURSTATE
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                               FOR THE COUNTY OF YOURCOUNTY
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 3   BANKSTER CORP,                                 )
                              Plaintiff,            )       Case No. 0207XXXX
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                                                    )
 5          v.                                      )       AFFIDAVIT OF SIREN SUR LA MER
 6                                                  )
     Siren Sur La Mer, not individually,            )
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                                                    )
 8                                       )
 9                     Alleged Defendant )
     ____________________________________)
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            Comes now Siren Sur La Mer, the Affiant, and does solemnly affirm that the statements
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     herein are true and correct in substance and in fact, to wit:
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        1. I am legally competent and qualified to testify as to the facts stated herein.
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        2. I am not well versed in the matters of law, contracts or business.
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15      3. I do not owe plaintiff any sum of money.

16      4. I never entered into or defaulted on any valid legal agreements with plaintiff, and I am

17          not in receipt or possession of an original or certified copy of an original contract or other
            legal instrument binding me to the plaintiff, and containing my bona fide signature.
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19      5. I am not in receipt or possession of a certified copy of an original promissory note
            containing my bona fide signature related to the disputed account.
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21      6. I never agreed to borrow credit from plaintiff, and plaintiff never informed me that it
            would loan me credit.
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23      7. I am not in receipt or possession of any credit card agreement or any other agreement
            between myself and plaintiff herein, nor do I recall ever receiving any such agreement
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            from plaintiff.
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        8. Plaintiff never explained to me the terms of any alleged agreement, and we never agreed
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Page 7 of 10 – ANSWER and COUNTERCLAIM
                                                        7
 1       on any terms to any agreement.

 2    9. I never agreed to the arbitration of any disputes with plaintiff.

 3    10. I never agreed to allow plaintiff to raise the interest rate or fees with respect to the
 4       disputed account.
 5    11. I never agreed to allow plaintiff to unilaterally amend or in any way change the terms and
 6       conditions of any agreement between myself and the plaintiff with respect to the disputed
 7       account.

 8    12. I never agreed to the plaintiff’s assignment, sale or novation of any contract, loan or other
 9       instrument that is at issue herein.

10    13. Plaintiff induced me, through deceptive marketing and trade practices, to establish a
11       commercial relationship with plaintiff that has damaged me.
12    14. I believe that plaintiff, by its actions and omissions with respect to the disputed account
13       has defrauded me, and damaged me financially, emotionally, physically and socially.
14    15. Plaintiff withheld from me the fact that it routinely amends, alters or otherwise changes
15       the terms and conditions of its credit card agreements in its favor, and in a manner that is
16       always against the interests of its credit card holders.

17    16. I relied upon plaintiff, who I trusted as a company with greater knowledge in the area of
18       consumer lending than myself, to my detriment.
19    17. I never would have entered into any agreement with plaintiff of the type that plaintiff is
20       seeking to enforce upon me in this cause of action.
21    18. I served Plaintiff with valid demands for documentation, validation and verification of
22       the alleged debt, which Plaintiff never provided to me.
23    19. I am not in receipt or possession of any documentation which validates and verifies the
24       alleged debt using competent evidence, by oath or affidavit of someone with first hand
25       knowledge of the execution of an original contract and/or original instrument of any
26       alleged debt related to the disputed account.

Page 8 of 10 – ANSWER and COUNTERCLAIM
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 1      20. I do not owe any debt to the attorney or law firm named as counsel for plaintiff.

 2      21. The debt plaintiff alleges I owe is currently in dispute.

 3      22. Plaintiff has failed to cease collections of the non-verified debt.

 4      23. Counsel for plaintiff has failed to cease collections of the alleged non-verified debt while
 5         the alleged debt is in dispute.

 6      24. FURTHER, AFFIANT SAYETH NOT.

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                                                                   ____________________
 9                                                                 Siren Sur La Mer, Affiant
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     STATE OF YOURSTATE              )
12                                   )       ss
     COUNTY OF YOURCOUNTY            )
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         Subscribed and sworn to before me a notary public this ___ day of ______ 2007.
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15   ____________________
     Signature of Notary
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17                                     CERTIFICATE OF SERVICE
18         I ______________ hereby certify that a copy of the foregoing was sent to Plaintiff, by
19   first class mail addressed to: SHYSTER ATTORNEY, Attorney for Plaintiff at: P.O. Box 1313,

20   YourTown, YourState, [97440], on this ___ day of ____________, 2007.

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23                                                         _______________
24                                                         Siren Sur La Mer, Alleged Defendant

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Page 9 of 10 – ANSWER and COUNTERCLAIM
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                                                   Certificate of Service
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     The undersigned certifies that this ANSWER AND COUNTERCLAIM and AFFIDAVIT OF SIREN SUR LA MER
 3    was served on the Attorney for Plaintiff by placing a copy of this Objection to Plaintiff’s Response to Defendant’s
                         Motion to Dismiss in a postage-paid envelope, and addressing the same to:
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                                                 SHYSTER ATTORNEY
 5                                                   Attorney at Law
                                                      P.O. Box 666
 6                                               YourTown, State. [13131]

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 8                                                        Dated this ____ day of July, 2007,
 9                                                        No liability assumed,
                                                          Always With All God-given Rights,
10                                                        Counsel is Stated in Isaiah 9:6-7

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                                                          By:                         , not individually
12                                                              Siren Sur La Mer, Alleged Defendant
                                                                c/o 1776 Liberty Lane
13                                                              YourTown, YourState. [97402]

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Page 10 of 10 – ANSWER and COUNTERCLAIM
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