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My husband was just served Sunday night with a complaint on contract. The plaintiff is Midland funding. We are required and will file an answer. My question is...they have attached an Exhibit "A" which is just a copy of a visa and mastercard account agreement. It's one of those agreements that are sent we you receive a credit card and it states finance charges, apr, fees, billing rights, etc. They reference Exhibit A in para#3 by saying"The Defendant is indebted to Plaintiff in the principal amount of $XXXX, accrued interest in the sum of $XXX, and additional pre-judgment as the result of Defendant's default under terms of a Credit Card Agreement. A true copy of said Agreement is Attached hereto and incorpporated herein as Exhibit "A". Should I make a motion to strike or dismiss this generic piece of their so called evidence in my Answer? We live in GA and from what I can gather one has to make a motion to dismiss before or at time of answer. I'm still tryingto find out if this is correct?

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My husband was just served Sunday night with a complaint on contract. The plaintiff is Midland funding. We are required and will file an answer. My question is...they have attached an Exhibit "A" which is just a copy of a visa and mastercard account agreement. It's one of those agreements that are sent we you receive a credit card and it states finance charges, apr, fees, billing rights, etc. They reference Exhibit A in para#3 by saying"The Defendant is indebted to Plaintiff in the principal amount of $XXXX, accrued interest in the sum of $XXX, and additional pre-judgment as the result of Defendant's default under terms of a Credit Card Agreement. A true copy of said Agreement is Attached hereto and incorpporated herein as Exhibit "A". Should I make a motion to strike or dismiss this generic piece of their so called evidence in my Answer? We live in GA and from what I can gather one has to make a motion to dismiss before or at time of answer. I'm still tryingto find out if this is correct?

xangelx Start a new tread to get your answers.

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