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Hey everyone. I was served papers from discover card. They are being represented by Blitt and Gaines PC - A fairly active debt law firm. I would love some advice on my case. Most of my hangups are on procedural stuff. I really am having a hard time finding answers for that. I will preference this by saying, my goal is to cause enough legal trouble for the plaintiff that I can settle for 50%. total debt is 3700 I filed a motion to dismiss for insufficiency of process. Citing Indiana Law 12(B)4 - which says insufficiency of process is a valid motion to dismiss. I cited Indiana law 4(C)5 which requires the complaint served, to have all time limits and consequences of failing to meet time limits. The complain I was served gives no information regarding my Plea/answer. It threw me off for a couple weeks. It really seems that the time limit of 20 should of been included in the complaint. The part that really has me confused is, the plaintiff responding to my motion- in a sloppy and in factual way. they stated that my motion was for insufficiency of service, and that I stated no information regarding improper service. I was clear in my motion to cite the law for Insufficiency of process. insufficiency of service in Indiana 12(B)5. The judge "duly noting" the plaintiffs response, denied my motion. If someone could give me some insight that it would be great. Moving forward I have time to file my answer. Should I use every affirmative defense I can think of? A lawyer told me that, But i read that when a defendant uses a affirmative defense the burden of proof comes on the defendant. My two defenses are the insufficiency of process, and attacking the affidavit. The affidavit does not seem to adhere to Indiana trial code. 9.2 - which states it must be "substantially similar" to appendix A-2(form) - Which has separation for interest and Fees. The affidavit does not have any information on interest, fees, or total of them. I believe I am past my time for motion to strike. I also tried to negotiate with the debt agency after I was served papers. So I don't think denying every allegation against me would be wise. Advice on that would be great. How can i deny that i failed to make minimum payments etc? Where can I find info on procedural stuff. I would gladly pay for legal advice, but I can't find a law firm that will simply answer my questions without doing the whole thing 100% I was served papers Feb 7 and my hearing is already going to be March 23. I am having difficultly finding my time lengths. and how I file motions to strike, discovery, etc. any way, Hopefully someone can google and find this to help themselves. Any help I can get is greatly appreciated. Thanks everyone. Love the site and forum.
In another thread a member stated we cannot put caselaw in an answer to the complaint. I say we can it is our free speech and it is relevant authority so why not. I am eager to see if this citing of caselaw in the answer kills their case, and makes an answer an offensive weapon.