Jump to content

Help filling out disclosure statement


Recommended Posts

I have been searching for days on how to answer or file the disclosure statement. I did finally find a form from another AZ county to pull from. But, I am stumped on what to say. I am required to say who I am calling as witnesses (no one), what my testimony is (not sure, but giving it a shot below), and legal theory (????)...among others. :confused:

I'm going to put the questions here with what I think should go as my answers. I'll also post the JDB's disclosure statement. The JDB has not provided any signed contracts or receipts, not even an account number for the alleged OC. They attached a notarized affadavit, so I am planning on filing a motion to strike affadavit and a sworn denial.

But here's what I was thinking. Please give your input. I need to get these done ASAP as we are set for mediation on Weds.

1. Factual Basis for each claim/defense:

Plaintiff has no evidence to support that they are the owner of said debt. No proof of alleged debt has been provided, including signed original contract.

2. A description of the damage(s) and copies of any exhibits that show how you calculated the dollar value of the damages. Bring a copy of these documents/exhibits to any scheduled Pretrial Conference.

Defendant is unaware of any such documents and therefore cannot produce said documents.

3. The legal theory upon which each claim/defense is based:1. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff.

2. Plaintiff's Complaint violates the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person.

3. . Midland Funding LLC has not proven that they are authorized and licensed to collect claims for others in the State of Arizona, or solicit the right to collect or receive payment of a claim of another.

4. On a separate page entitled "List of Witnesses", and made a part of this Disclosure, list the names, addresses and telephone numbers of any witnesses whom the undersigned party expects to call at trial. (Include a brief summary of their testimony).

Plaintiff's Attorney, Defendant

5. On a separate page entitled "List of Documents and Other Information":If I don't have anything what do i put here? Do I mention the sworn denial here?

A. List the documents or evidence which would be available for review by the Court which supports the claim(s) of the undersigned party. Bring a copy of these documents and description of the evidence to any scheduled Pretrial Conference.

B. Any other information, documents, or witnesses of which the undersigned party has knowledge, or that a reasonable person would recognize as leading to the discovery of such knowledge pertaining to this matter, is outlined on a separate page and made a part of this disclosure.Again, what do i put here? I don't think I really have anything to go here

Link to comment
Share on other sites

Their disclosure statement:

The undersigned party, pursuant to Rule 26.1(B)(1) ARCP Discloses the following and certifies that such disclosure includes all information in his possession, custody and control, as well as any information which can be determined, learned or obtained by reasonable investigation:

1. Factual Basis for each claim/defense: That Defendant, entered into a credit card agreement with Plaintiff/Plaintiff's assignor, Midland Funding LLC.

2. A description of the damage(s) and copies of any exhibits that show how you calculated the dollar value of the damages.

That the damages are computed by debts and credits to the credit account of Defendant.

3. The legal theory upon which each claim/defense is based: Plaintiff/Plaintiff's Assignor and Defendant entered into a contract. Defendant breach of contract by failure to pay as agreed. Plaintiff/Plaintiff's Assignor is entitled to payment of the outstanding balance, interest, attorney fees and costs due to Defendant breach under the terms of the contract.

4. On a separate page entitle "list of witnesses' and made apart of this Disclosure, list the names, addresses and telephone numbers of any witnesses whom the undersigned party expects to call at trial. (Include a brief summary of their testimony)

Authorized representative of Plaintiff/Plaintiff's Assignor under whose supervision the account is kept at or near the time of the transaction. It is expected that the representative will testify as to the nature of the contract, the credit granted to the Defendant, transactions on the credit card and the current outstanding balance including interest, attorney fees and costs.

Defendant, and any witnesses defense will call

5. On a separate page entitled 'list of documents and other information'

Affadavit of balance owed & BofA cardmember agreement.

B. Any other information, documents, or witnesses of which the undersigned party has knowledge, or that a reasonable person would recognize as leading to the discovery of such knowledge pertaining to this matter is outlined on a separate page and made a part of this disclosure.

Investigation continues, Plaintiff is searching its records for additional statements of Account regarding this matter and will update its Disclosure Statements when these statements are found.

Thank you in advance for all the help. I've got to get this done soon, so any feedback would be appreciated!! :)

Link to comment
Share on other sites

Who is their affiant and who do they work for? If this is a Midland employee the affidavit is hearsay and their testimony will be too. You are correct to motion to strike the affidavit and I would ask that the affiant be disqualified as a witness on these grounds, if their testimony will only be about the contents or subject matter of the affidavit.

For #1 they want you to "prove up" any affirmative defenses that you put in your answer to the claim.

#2 appears to address any counter claims you may have filed such as FDCPA or FCRA violations. If you have a counter claim they want to know how you calculated any actual or statutory damages claimed.

#3 again what affirmative defenses did you list? I like your answer in light of their response to their #1.

#4 I notice on their #4 that the address and telephone no. of their "witness" is not listed. Since they claimed that plaintiffs assignor is Midland in #1 A representative of the assignor (Midland will have no first hand knowledge of any of the stuff they claim witness will testify to.) HEARSAY!

So for #4 I would say, Plaintiffs witness.

#5 If you claimed SOL as an affirmative defense what documents will you produce to prove your defense? This question is rather redundant as they ask for pretty much the same stuff in #1 and 3. Only this one specifies documents.

If you have made no discovery requests yet and have time to do so, do it.

Tell them that you want a copy of the contract they say they have in their #1 and #3.

That you want a copy of the ledger that shows the debts and credits to the account that they claim to have in their #2.

That you want a copy of the affidavit mentioned in their #5

If they have not provided the name address and telephone # of their witness along with their credentials get that too.

Link to comment
Share on other sites

just in case you don't have this; AZ RCP's by westlaw

http://government.westlaw.com/linkedslice/default.asp?SP=AZR-1000

Rule 26.1. Prompt Disclosure of Information

(a) Duty to Disclose, Scope. Within the times set forth in subdivision (B), each party shall disclose in writing to every other party:

(1) The factual basis of the claim or defense. In the event of multiple claims or defenses, the factual basis for each claim or defense.

(2) The legal theory upon which each claim or defense is based including, where necessary for a reasonable understanding of the claim or defense, citations of pertinent legal or case authorities.

I can help you with the first two;

(3) The names, addresses, and telephone numbers of any witnesses whom the disclosing party expects to call at trial with a fair description of the substance of each witness' expected testimony.

(4) The names and addresses of all persons whom the party believes may have knowledge or information relevant to the events, transactions, or occurrences that gave rise to the action, and the nature of the knowledge or information each such individual is believed to possess.

(5) The names and addresses of all persons who have given statements, whether written or recorded, signed or unsigned, and the custodian of the copies of those statements.

(6) The name and address of each person whom the disclosing party expects to call as an expert witness at trial, the subject matter on which the expert is expected to testify, the substance of the facts and opinions to which the expert is expected to testify, a summary of the grounds for each opinion, the qualifications of the witness and the name and address of the custodian of copies of any reports prepared by the expert.

(7) A computation and the measure of damage alleged by the disclosing party and the documents or testimony on which such computation and measure are based and the names, addresses, and telephone numbers of all damage witnesses.

(8) The existence, location, custodian, and general description of any tangible evidence, relevant documents, or electronically stored information that the disclosing party plans to use at trial and relevant insurance agreements.

(9) A list of the documents or electronically stored information, or in the case of voluminous documentary information or electronically stored information, a list of the categories of documents or electronically stored information, known by a party to exist whether or not in the party's possession, custody or control and which that party believes may be relevant to the subject matter of the action, and those which appear reasonably calculated to lead to the discovery of admissible evidence, and the date(s) upon which those documents or electronically stored information will be made, or have been made, available for inspection, copying, testing or sampling. Unless good cause is stated for not doing so, a copy of the documents and electronically stored information listed shall be served with the disclosure. If production is not made, the name and address of the custodian of the documents and electronically stored information shall be indicated. A party who produces documents for inspection shall produce them as they are kept in the usual course of business

Also, word of warning; if you file a motion in AZ, you should have a memorandum attached to back it up.

Rule 7.1. Civil Motion Practice

All motions made before or after trial shall be accompanied by a memorandum indicating, as a minimum, the precise legal points, statutes and authorities relied on, citing the specific portions or pages thereof, and shall be served on the opposing parties. Unless otherwise ordered by the court, affidavits supporting the motion shall be filed and served together with the motion. Each opposing party shall within ten days thereafter serve and file any answering memorandum. Within five days thereafter the moving party may serve and file a memorandum in reply, which shall be directed only to matters raised in the answering memorandum. Affidavits submitted in support of any answering memorandum or memorandum in reply shall be filed and served together with that memorandum, unless the court permits them to be filed and served at some other time. The trial court may in its discretion waive these requirements as to motions made in open court.

what where your affirmative defenses and counter claims?

Link to comment
Share on other sites

Their disclosure statement:

The undersigned party, pursuant to Rule 26.1(B)(1) ARCP Discloses the following and certifies that such disclosure includes all information in his possession, custody and control, as well as any information which can be determined, learned or obtained by reasonable investigation:

1. Factual Basis for each claim/defense: That Defendant, entered into a credit card agreement with Plaintiff/Plaintiff's assignor, Midland Funding LLC.

failure to state a claim;

1To state a cause of action, a complaint must alleged sufficient ultimate facts to show that the pleader is entitled to relief. Because Arizona courts evaluate a complaint's well-pled facts, mere conclusory statements are insufficient to state a claim upon which relief can be granted. Cullen v. Auto-Owners Ins. Co. (2008) 189 P.3d 344 Even under liberal notice pleading rules, a plaintiff's obligation to provide the grounds of his entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. Dube v. Likins (App. Div.2 2007) 216 Ariz. 406, 167 P.3d 93 Where it appears from face of complaint that contract relied on is unenforceable because of statute of frauds, and nothing appears in complaint to take case out of operation of statute, no claim for relief is stated. Gene Hancock Const. Co. v. Kempton & Snedigar Dairy (App. Div.1 1973) 20 Ariz.App. 122, 510 P.2d 752

Statute of frauds;

Said assignment of “contract” is merely a chose in action. Under Arizona law, to satisfy statute of frauds, memorandum must state with reasonable certainty identity of parties, subject matter of agreement, and essential terms; agreement also must be signed by parties to be charged. Western Chance No. 2, Inc. v. KFC Corp., C.A.9 (Ariz.)1992, 957 F.2d 1538 . A memorandum, in order to satisfy a contract within the statute of frauds, must state the terms and conditions of all the promises constituting the contract and any deficiency in this regard cannot be supplied by parol. Gray v. Kohlhase (App. Div.2 1972) 18 Ariz. App. 368, 502 P.2d 169

When suit is brought against the defendant by a stranger to his contract,

he is entitled to proof that the plaintiff is the owner of the claim against

him. This protection must be afforded the defendant. Otherwise, the

defendant might find himself subjected to the same liability to the original

owner of the cause of action, in the event that there was no actual

assigmnent

In Arizona, a valid assignment is one that meets the requirements of a valid contract, including the identity of the parties, legal capacity of the parties to contract, legal subject matter, consideration and mutual assent. Certified Collectors, Inc. v. Lesnick, 116 Ariz. 601, 603, 570 P.2d 769, 771 (1977).

A memorandum, in order to satisfy a contract within the statute of frauds, must state the terms and conditions of all the promises constituting the contract and any deficiency in this regard cannot be supplied by parol. Gray v. Kohlhase (App. Div.2 1972) 18 Ariz.App. 368, 502 P.2d 169. Frauds, Statute Of 113(2); Frauds, Statute Of 158(3)

Writing must contain identification of parties, description of subject matter of contract, purchase price and time and conditions of payment to constitute sufficient memorandum of oral agreement to satisfy statute of frauds. T. D. Dennis Builder, Inc. v. Goff (1966) 101 Ariz. 211, 418 P.2d 367. Frauds, Statute Of 106(1)

I have to post this in a number of parts; see below..

Thank you in advance for all the help. I've got to get this done soon, so any feedback would be appreciated!! :)

I'm not a laywer, and this is only what i would do in your circumstances.

Link to comment
Share on other sites

Written contract: Statute of limitations

Arizona's six year limitations period is not applicable because Arizona law requires a written contract complete in all its terms for this limitation period to apply. The written contract in question must show "mutual assent between tile parties as to all material terms of the deal" and "tile terms and conditions of a contract must be 'reasonably' certain." See Kersten v. Continental Bank, 628 P.2d 592 (Ariz. 1981) (court affirmed a summary judgment for defendant based upon the three year statute of limitations - a cause of action is not upon a 'contract founded upon an instrument in writing' merely because it is in some way remotely or indirectly connected with the instrument or because the instrument would be a link in the chain of evidence establishing tile cause of action).

open accounts oral debt.

Arizona Revised Statutes Annotated § 12-543 provides in pertinent part Oral debt; stated or open account; relief on ground of fraud or mistake; three year limitation There shall be commenced and prosecuted within three years after the cause of action accrues, and not afterward, for following actions:

1. For debt where the indebtedness is not evidenced by a contract in writing.

2. Upon stated or open accounts other than such mutual and current accounts as concern tile trade of merchandise between merchant and merchant, Their factors or agents, but no item of a stated or open account shall be barred so long as any item thereof has been incurred within three years immediately prior to tile bringing of an action thereon.

Count One of Plaintiffs Complaint is untitled, however, is either an account stated or open account claim or a claim based upon an oral contract. Therefore, Count One is governed by Arizona's three year statute of limitation . Arizona Revised Statues Annotated Section 12-543.

The incurrence of an item in an open account within the limitations period does not revitalize the prior account stated WING v. JIMENEZ, 114 Ariz. 346 (App. 1976) No. 2 CA-CIV 2158

Creditor's suit for amount incurred on account stated more than three years prior to filing of complaint was barred by this section, even though last item incurred on open account was within three-year period

Plaintiffs contract with telephone company which was partly oral and partly written was an oral contract and thus was governed by Arizona statute of limitations applicable to oral, rather than written, contracts. Biddle v. Mountain States Tel. & Tel. Co., C.A.9 (Ariz.)1980, 629 F.2d 571. Limitation Of Actions 26.1

account stated; you never established a creditor/debtor relationship with Midland

An “account stated” is an agreed balance between parties to a settlement. Eng v. Stein (1979) 123 Ariz. 343, 599 P.2d 796. Account Stated .

Link to comment
Share on other sites

2. A description of the damage(s) and copies of any exhibits that show how you calculated the dollar value of the damages.

That the damages are computed by debts and credits to the credit account of Defendant.

Plaintiff damages is limited to real or actual damages incurred as per Restatement (2nd) of contracts; Plaintiffs only loss could be the consideration paid for defaulted alleged debt, as plaintiff did not perform the contract; lent money or extend credit

§347. MEASURE OF DAMAGES IN GENERAL

Subject to the limitations stated in §§350-53, the injured party has a right to damages based on his expectation interest as measured by (a) the loss in the value to him of the other party's performance caused by its failure or deficiency, plus (B) any other loss, including incidental or consequential loss, caused by the breach, less © any cost or other loss that he has avoided by not having to perform.

As Plaintiff has failed to state the value of consideration , no damages can be assessed.

“Windfall profits, like those reaped by bidders paying grossly inadequate prices at foreclosure sales, do not serve the public interest and do no more than legally enrich speculators.”

352. UNCERTAINTY AS A LIMITATION ON DAMAGES

Damages are not recoverable for loss beyond an amount that the evidence permits to be established with reasonable certainty.

3. The legal theory upon which each claim/defense is based: Plaintiff/Plaintiff's Assignor and Defendant entered into a contract. Defendant breach of contract by failure to pay as agreed. Plaintiff/Plaintiff's Assignor is entitled to payment of the outstanding balance, interest, attorney fees and costs due to Defendant breach under the terms of the contract.

As to Count Two for breach of a contract, because the documents attached to Plaintiffs Complaint are at best only "a link in the chain of evidence to prove the cause of action'" and do not on their face establish all of the elements of plaintiffs claim the subject purported debt is a written contract signed by both parties as is contemplated by Arizona Revised Statutes Annotated Section 12-548. Plaintiff has not attached a sufficiently complete and signed "written document" for purposes of the six year statute of limitations. Therefore, the relevant statute of limitations for Plaintiff s claim in Count Two is three years. See Arizona Revised Statues Annotated Section 12-543.

4. On a separate page entitle "list of witnesses' and made apart of this Disclosure, list the names, addresses and telephone numbers of any witnesses whom the undersigned party expects to call at trial. (Include a brief summary of their testimony)

Authorized representative of Plaintiff/Plaintiff's Assignor under whose supervision the account is kept at or near the time of the transaction. It is expected that the representative will testify as to the nature of the contract, the credit granted to the Defendant, transactions on the credit card and the current outstanding balance including interest, attorney fees and costs.

Defendant, and any witnesses defense will call

they're just trying to scare you; they aren't going to pay to fly anyone out;and most assignment agreements state that the OC will never be contacted, nor supply any media past a certain date.

these cases are settled pre trial thru MSJ ususally and never get to a actual trial.

Link to comment
Share on other sites

5. On a separate page entitled 'list of documents and other information'

Affadavit of balance owed & BofA cardmember agreement.

did you check the date on the agreement? and is it during the time you used the account, before the charge off?

state that they have not offered any evidence that you ever recieved it.

A necessary consequence of the notion that the terms of a credit card agreement may be changed by mere notice is that a credit card agreement subject to such alteration is not a “written contract” within the meaning of ARS Section 12-548

'Parol acceptance of an offer in writing does not give rise to an agreement or contract in writing, within the meaning of statutes relating to limitations governing actions on contracts in writing.

A memorandum, in order to satisfy a contract within the statute of frauds, must state the terms and conditions of all the promises constituting the contract and any deficiency in this regard cannot be supplied by parol. Gray v. Kohlhase (App. Div.2 1972) 18 Ariz.App. 368, 502 P.2d 169. Frauds, Statute Of 113(2); Frauds, Statute Of 158(3)

cardholder agreement is a contract of adhesion

The Arizona Supreme Court has held:

An adhesion contract is typically a standardized form "offered to consumers of goods and services on essentially a 'take it or leave it' basis without affording the consumer a realistic opportunity to bargain and under such conditions that the consumer cannot obtain the desired product or services except by acquiescing in the form contract."

The Broemmer court, noting that Arizona follows the Restatement (Second) of Contracts § 211 ("Standardized Agreements"), id. at 152, 840 P.2d at 1017, held that "[t]o determine whether [a] contract of adhesion is enforceable, we look to two factors: the reasonable expectations of the adhering party and whether the contract is unconscionable." Id. at 151, 840 P.2d at 10

B. Any other information, documents, or witnesses of which the undersigned party has knowledge, or that a reasonable person would recognize as leading to the discovery of such knowledge pertaining to this matter is outlined on a separate page and made a part of this disclosure.

Investigation continues, Plaintiff is searching its records for additional statements of Account regarding this matter and will update its Disclosure Statements when these statements are found.

they just addmitted they don't have any proof.

I would File a MSJ within a day of sending your disclosure statement.

I would File a motion to strike the affidavit as heresay evidence.

Link to comment
Share on other sites

Who is their affiant and who do they work for? If this is a Midland employee the affidavit is hearsay and their testimony will be too. You are correct to motion to strike the affidavit and I would ask that the affiant be disqualified as a witness on these grounds, if their testimony will only be about the contents or subject matter of the affidavit.

For #1 they want you to "prove up" any affirmative defenses that you put in your answer to the claim.

#2 appears to address any counter claims you may have filed such as FDCPA or FCRA violations. If you have a counter claim they want to know how you calculated any actual or statutory damages claimed.

#3 again what affirmative defenses did you list? I like your answer in light of their response to their #1.

First of all, thank you so much for all your help! My answer was not as good as it could have been because I was misinformed at the beginning by an attorney that said I had no hope and should let it go to default. I took their word for it until I found this forum...so at the last minute and a few days late...a filed an answer from the little time I did the research with. I used the template from the court, which i noticed now that doesn't have anything on there that says I reserve the right to change or add to it. I hadn't learned much about counter claims by then, so I didn't not file any with my answer. Is it too late to do that?

My answer:

1. ADMIT - (I am who they think I am & live where they think I do)

2. DENY - Defendant does not have information sufficient to admit or deny the matter at the time.

3. DENY - This request calls for admission of matter defendant has denied and thus is improper.

Affirmative defenses:

1. Lack of Privity - No relationship exists between the collection agency and me

2. Failed to state the basis of the lawsuit: They did not cite an actual state law which was violated.

3. Statue of frauds - No contract exists as proof

4. Implicit in the right to self representation it is the obligation on the part of the court to make reasonable allowances to protect ProSe litigants from inadvertent forfeiture of important rights because of their lack of legal training. Also, the Court's duty is eve broader in the case of a Pro Se defendant who finds himself in court against her will with little time to learn the intricacies of civil procedure and law - See 28 USCA 1654.(Someone from here gave me this info! Thx delta1!!)

Link to comment
Share on other sites

Thank you Ping for the wealth of AZ law you provided! My question is: do I put all of that in my disclosure statement (like subsections & statutes), or do I just put the main idea? Like, do I just put "Failure to state a claim" or all also include all the legal back up directly in the disclosure statement? I'm not clear as to how much info I give up front, or if that is saved for the courtroom, or if it goes on some other paperwork.

I am thinking that it should be included in the disclosure statement so that they see I am serious about my defense and hopefully can avoid the courtroom all together. Right?

Also, I am scheduled for mediation with Midland soon. Is this mandatory or can i request to go straight to trial? I feel like it is just a chance for them to try and intimidate me.

Link to comment
Share on other sites

I have one important question:

As far as SOL - If I found an old letter from OC stating the agreement made to resolve delinquency and it's dated 8/23/05...would that put this account past the SOL in AZ?? I believe the SOL is 3 years in AZ.

However, I didn't include SOL in my affirmative defenses because I couldn't find anything to prove it. The CR shows first history of 30 day late as 05/05. Isn't that the date we use to figure the SOL?? I get confused on this point.

Or would I be better served to just force Midland to produce documents?

Link to comment
Share on other sites

Who is their affiant and who do they work for? If this is a Midland employee the affidavit is hearsay and their testimony will be too. You are correct to motion to strike the affidavit and I would ask that the affiant be disqualified as a witness on these grounds, if their testimony will only be about the contents or subject matter of the affidavit.

ok, I know I need to file the Motion, and have confirmed that I also need to file a memorandum witht he Motion in AZ....but not sure how to do either. I found a lot of good info in the post Start To Finish Winning Against Midland http://tinyurl.com/d4a2dw (Thanks redlinehome!)

But, that post includes info for a different state. How do I do a search to find a case from my state (AZ)?? What do I search for and where? Anyone have a good website to find info like this?

Link to comment
Share on other sites

The Case law I gave you is from the annotated statutes in the law library @ ASU

It's put together by laywers and each case is considered the current referenced case for that statute.

those are not just some cases i found on google.

Az court rules

Are you in justice court; small claims, or superior court?

this will get you in trouble! don't cite federal law to the state court bench. strike it from your amended answer, see below.

4. Implicit in the right to self representation it is the obligation on the part of the court to make reasonable allowances to protect ProSe litigants from inadvertent forfeiture of important rights because of their lack of legal training. Also, the Court's duty is eve broader in the case of a Pro Se defendant who finds himself in court against her will with little time to learn the intricacies of civil procedure and law - See 28 USCA 1654.(Someone from here gave me this info! Thx delta1!!)

http://government.westlaw.com/linkedslice/default.asp?SP=AZR-1000

local rules of superior court by county

http://weblinks.westlaw.com/toc/default.aspx?Abbr=az%2Drules%2Dweb&Action=ExpandTree&AP=N3644B6D0715611DAA16E8D4AC7636430&ItemKey=N3644B6D0715611DAA16E8D4AC7636430&RP=%2Ftoc%2Fdefault%2Ewl&Service=TOC&RS=WEBL9.02&VR=2.0&SPa=AZR-1000&fragment#N3644B6D0715611DAA16E8D4AC7636430

http://www.superiorcourt.maricopa.gov/lawlibrary/

instructions on how to file an answer

http://www.superiorcourt.maricopa.gov/justiceCourts/CourtsAndSections/CivilSuits.asp#o

small claims

http://www.superiorcourt.maricopa.gov/justiceCourts/CourtsAndSections/SmallClaims/Index.asp

I take it you never resolved the delinquency?

or did you settle with the OC? Post the contents of the agreement.

it may have restarted the SOL, and then it would be the first time you were late after making the agreement to resolve that is the start date on the SOL.

in either case, it's beyond the sol for open accounts unless they can come up with a signed application which throws this into written contract.

file a motion for leave to file an amended answer because you just found documentation on the debt.

Rule 15. Amended and Supplemental Pleadings

Rule 15(a). Amendments

1. A party may amend the party's pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, the party may so amend it at any time within twenty days after it is served. Otherwise a party may amend the party's pleading only by leave of court or by written consent of the adverse party. Leave to amend shall be freely given when justice requires.

2. A party who moves for leave to amend a pleading must attach a copy of the proposed amended pleading as an exhibit to the motion, which shall indicate in what respect it differs from the pleading that it amends, by bracketing or striking through the text to be deleted and underlining the text to be added. If a motion for leave to amend is granted, the moving party shall file and serve the amended pleading within ten days of the order granting the motion, unless the court otherwise orders.

3. A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within ten days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.