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Motion for judgement on the pleadings!


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When the JDB's Complaint is not accompanied by an account number, dates of debt origination, charge off, assignment, affidavits or any other documentary evidence and they only state an amount of money is owed,

in adddition to my answer, affirmative defenses and sworn denial, should I file a motion for judgement on the pleadings or a motion to dismiss for lack of standing?

here is the thread where I show plaintiffs complaint as written!


any comments?

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It is a VERY weak complaint. From the face of the complaint, you can't determine:

1. Whether the "contract" was written or oral;

2. Whether there was only one account or several;

3. How the default occurred;

4. When the default occurred;

5. The amount of the balance that is outstanding; or

6. The amount attributable to interest (assuming the same figure is repeated in paragraphs 2 and 6.

You will have to do some reasearch under the law of your jurisdiction to see whether this is sufficient. I am sure you will find lots of cases saying that the bar is very low, plaintiff needs only to plead the ultimate facts, etc. However, this complaint would not pass muster in many jurisdictions.

Good luck.

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