*edit*

[c m chase]

*edit*

[Recovering Attorney]

The complaint should allege the legal relationship.

If it does not, and Midland Recievables is the plainitff. you would put in a defense that states " plaintiff lacks legal capacity to bring this action" You could also add another defense that states " There is not contractual privity between plaintiff and MRC. " This puts their relationship to your debt into issue. Gotta make em work!

T

[c m chase]

Thanks!!!

*edit*

[Recovering Attorney]

Interesting. How old is this debt? What is the SOL in OK

I would answer the compaint this way:

Defendant answers the sompkaint by alleging and showing that:

1. DISPUTES the debt, as solicited in paragraph 1 of the somplaint

2. DENIES having information and knowledge sufficient to form a belief as to the truth of the matter asserted in paragraph 2 of the complaint;

3. DENIES the allegations of paragraphs 3 and 4.

AS FOR A DEFENSE, DEFENDANT ALLEGES THAT:

4. on information and belief, plaintiff does not have the legal capacity to bring this action

5. This action is barred by the applicable statute of frauds

6. This action is barred by the applicable statute of limitations.

7. PLaintiff fails to state a cause of action against defendant upon which the court may grant plainitff judgment.

Defendant asks the court for judgement in its favor, dismissing the complaint, with costs, and such other, further and different relief as it finds proper.

Date

Sign

name

address

phone

cc: Plaintiff's lawyer

Attached to it you should include a captioned paper called " Discovery Demands" and demand the plaintiff provide you with copies of the followong, within the time prescribed by the court's rules:

1. Any oral of written statements by the defendant that plaintiff intends to use at a trial of this matter.

2. Any written documents signed by the defendant that plainitff intends to offer at a trial of the matter.

3. Any other relevant writings, documents or papers, including correspondence to and from plaintiff and defendant, that plaintiff intends to offer at the trial of this matter.

4. A list of the names, titles, business afilliations and business addresses of every person who has personal knowledge about the subject matter of this action, known to plainitff, that plaintiff could call as a witness, or intends to call as a witness, in the trial of this matter.

[c m chase]

Ooooh, that's wonderful...thanks!! I hadn't been told to ask for the discovery demands....

I am also going to have a counter. I'm assuming I should put that, in somewhat the same form, under the defense? How should I summarize that?

Thank you so much!

I *DID* just find out that MCM is sister companies with MRC....MRC basically BUYS the accounts and MCM collects on them. Should I put that I believe Plaintiff has no legal capacity? Just to make them answer and prove it?