Question on MTD before answer

[shopaholic]

First of all thanks to everyone who have shared shared their knowledge and experience here.

I have been served a summons by ,you guessed it, Midland Funding. In doing research to learn how to answer the complaint I came across this rule of Indiana law:

Rule 9.2. Pleading and proof of written instruments

(A) When instrument or copy must be filed. When any pleading allowed by these rules is founded on a written instrument, the original, or a copy thereof, must be included in or filed with the pleading. Such instrument, whether copied in the pleadings or not, shall be taken as part of the record.

There was nothing attached to the summons in the complaint. Is it possible to first file a MTD because of this or must I first answer the complaint? Or possibly cite this rule # in my affirmative defense?

thanks for any advise here. My head is starting to swim!

[RebelLady]

There was nothing attached to the summons in the complaint. Is it possible to first file a MTD because of this or must I first answer the complaint? Or possibly cite this rule # in my affirmative defense?

Hiya shopaholic

Check your pm's.

RL