REGE!VED
`
`JAN 0 6 202!
`
`. SCOTT
`State of Min
`nesota
`County of: SCOTT
`
`COUNIYCOURTS
`
`Portfolio rpr.overy Associatps I I C
`
`Plaintiff(s) (frst, middle, last)
`vs.
`
`Kathrine Ann Drusch aka Kate Drusch
`
`Defendant(s) (first, middle, last)
`
`District Court
`Judicial District:
`First
`Court File Number: 70-CV-20-15809
`Case Type: Consumer Credit contracj
`
`Answer
`or
`Answer and Counterclaim
`
`Defendant denies everything in Plaintiffs Complaint, except as admitted, or otherwise answered
`
`Deny. All statements are untrue in paragraph numbers
`#2
`2. Admit. All statements are true in paragraph numbers
`
`3
`
`Partially True. The information in the following paragraphs is partially true and
`partially false.
`
`#1
`
`In these partially true paragraphs, I deny everything except the following statements,
`which are true:
`Comenitv Caoital Bank- American Laser Center account endinq *9179
`
`4.
`
`Insufficient Information. I don't have enough information to know if the following
`paragraphs and/or statements are true:
`
`Answer or Answer and Counterclaim
`ClV302 State
`ENG
`
`Rev 1 1/19
`
`www.mncou rts. gov/forms
`
`Page 1 of3
`
`
`
`5
`
`I claim the following Affirmative Defense(s): (check only defenses that apply)
`tr Accordandsatisfaction tr Irju.ybyfellowservant
`n Arbitration and award
`n Laches
`n Assumption of risk
`tr License
`t] Contributory negligence D Payment
`n Discharge in bankruptcy tr Release
`tr Duress
`tr Res judicata
`[l( Estoppel
`tr Statute of frauds
`f| Failure of consideration tr Statute of limitations
`I Fraud
`! Waiver
`tr Illegality
`D( Other
`Facts that support my affirmative defense(s):
`I relied on the conduct of AMLC when accepting my money for services that they stopped
`
`Breach of contract CCB + AMLC
`
`providing on 1123115 when they closed their offices and filed bankruptcy
`I also relied on the conduct of CCB when they accepted my money to uphold
`
`" My rights" as stated on their statements. Both refused to acknowledge my loss
`
`by the breach of contract due to the bankruptcy and multiple accounts. I am left
`with something of no value. I am angry, this is fraud to pay for services and not
`
`receive them; loss of my good name, and credit. Finallv, I have my bank statements
`
`6
`
`Counterclaim: (check one)
`DI I have no Counterclaims.
`E I make the following Counterclaims against Plaintiff arising from the same
`transactions described in the Plaintiffs Complaint.
`
`Answer or Answer and Counterclaim
`ClV302 State
`ENG
`
`Rev 1 1/19
`
`www. mncou rts. gov/forms
`
`Page 2 of 3
`
`
`
`I ask the Court to: (check all that apply)
`ff, Dismiss Plaintiffls complaint, enter judgment for me, and award me costs and
`disbursem*nts allowed by Minn. Stat. $ 549.1L.
`I Enter judgment for me on my counterclaims, if any.
`D[ Order that:
`My good name be restored.
`
`Dated:
`
`ln- (o'?.1
`
`STATE OF MINNESOTA
`COUNTY OF S@TT
`
`Hae-l
`
`msql
`
`w
`
`NotdyRrbllo
`
`* Read before
`
`of
`
`Name: Kathrine Ann Drusch
`Address: 14104 Natchez AVE
`Savaqe MN 55378
`
`BEIERLYMAGDAhhNbPRN'
`}OIARY
`llyCcnrri*n
`
`952-807-3717
`
`do u ski2@omail-eom
`
`By signing this Answer, you are agreeing the following statements are true and you
`acknowledge that fines/fees could be assessed against you.
`
`a.
`
`b.
`
`c
`
`d
`
`e
`
`I read this document. To the best of my knowledge, information and belief the
`information in the document is well grounded in fact and is warranted by existing law.
`I have not been determined by any court in any State to be a frivolous litigant or subject
`to an Order precluding me from serving and filing this document.
`I am not serving or filing this document for any improper purpose, such as to harass the
`other party or to cause delay or needless increase in the cost of litigation or to commit a
`fraud on the Court.
`I understand that if I am not telling the truth or if I am misleading the court or if I am
`serving or filing this document for any improper purpose, the court can order me to pay
`money to the other party, including the reasonable expenses incurred by the other party
`because of the serving or filing of this document such as court costs, and reasonable
`attomeys fees.
`I understand that as part of a final order granting judgment or dismissing the case, the
`party who loses may be ordered to pay costs, disbursem*nts, and reasonable attomey
`and witness fees to the winning party, pursuant to Minn. Stat. $ 549.11.
`
`Answer or Answer and Counterclaim
`ClV302 State
`ENG
`
`Rev 1 1/19
`
`www.mncou rts. gov/forms
`
`Page 3 of 3
`
`
`
`Dear M. Hofer,
`
`2/24/2o2o
`
`Thank you so rnuch for contacting me. As you are well aware American Laser has filed
`bankruptcy and is no longer providing services to their clients.
`
`As quoted in your letter "Comenity Capital Bank- American Laser Centers account ending in
`9L79"; this loan was for services which American Laser Center has defaulted on.
`
`Please contact American Laser Center to recoup any funds needed thru bankruptcy
`proceedings.
`
`Please be cognizant Ms. Hofer that Comenity Capital Bank never released any money directly to
`me, nor has American Laser Center provided any services since Ll23/20L5. Also, you may not
`be aware that I contacted Comenity Capita! Bank on Ll23l2O75 who was well aware that
`American Laser Center were not going to be providing any future services due to bankruptcy. ln
`that same time period, I communicated with the Minnesota Attorney General's Office and
`followed their instructions.
`
`I was communicating with Comenity Capital Bank last May 20L5 and did not receive a respond
`back to my communication. Hopefully, Comenity Capital Bank did not willfully neglect providing
`you with this information.
`
`Thank you for your time. Please withdraw your summons
`
`Kind Regards,
`
`Kate Drusch
`
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