?s about strategy for Amended Answer

[Brillianthoney]

Asset is suing me. They didn't include a signed agreement in the complaint between me and Providian (OC) but did send me a copy of the front of a signed post-card application with my signature as partial validation last year. Their attorney has requested prodoction of documents of all correspondence sent to me by Asset.

In a previous thread, Recovering Attorney stated they were suing me correctly since they did not have a signed agreement between me and Providian.

Strategy #1.

Since I will now have to send them a copy of the signed post-card application is there any way I can use it in my ammended affirmative defenses to ask for the case to be dismissed with prejudice because they failed to sue me correctly?

Strategy #2.

I have a default notice from Providian listing an account default of $2184.85 on January 29, 2002 yet they charged-off the account for $8109.72 on March 02, 2002. Consequently, I have stated one of my affirmative defenses as follows below. My goal with this strategy is to force Asset to provide account statements to account for the huge discrepancy in the amounts. What do you think?

Defendant alleges that Plaintiff actions are precluded, whereas Plaintiff’s demands for interest are usurious and violate state and federal banking laws and requirements. As Plaintiff is suing for $8109.72 with interest in the amount of $1681.95 and a default notice received by Defendant dated January 29, 2002 and attached hereto and made a part hereof as exhibit A shows a default amount of $2184.84.