move forward Posted November 6, 2010 Report Share Posted November 6, 2010 Hello:My complaint is from a law office representing Discover Bank. Question isfrom what I have read, Can I file a Motion to Dismiss because the Plaintiff in this case-law firm has no debtor/creditor relationship with me and must the law firm show that they were "assigned" the debt ? Also, there was no original contract- which I suppose is the 'Credit Card Agreement" Attached to the Summons and Complaint ? Would filing such a Motion depend on the State Court Rules ? Basically the complaint is general in nature- mentions I defendant became indebted to the plaintiff in the sum of $6,362.56 for charges and or cash advances incurred on the defendant's credit account.NOTE: I have no identifying info on the Credit Card Agreement- no agreement attached to the complaint and no reference in the complaint to a Specific Credit Card Agreement or any id on my account name or account number to identify what account they mean. They use an account stated count in the complaint and then state that they mailed or otherwise transmitted periodic account statements to defendant setting forth all the charges and credits applicable to the account, as well as the balance due.Then they state- "Upon information and belief, the defendant received and held these statements for an unreasonable time with no known protest or known notice of defects to the plaintiff as to the charges and amounts due."Then they state "The final statement transmitted to the defendant, indicating a balance due and owing, was accepted and held by the defendantfor an unreasonable time without protest notice of defect."Final Statement: " The plaintiff seeks damages for the account stated Balance." Basically- would I be able to file a motion to dismiss this case ? and if Not,is it best to simply deny each allegation but make no specific reference as to why I am denying the allegation--which FORCES THE PLAINTIFF TO PROVE THE CASE ?? Is that the best course of action ??Thanks for reading this info and any replies. Link to comment Share on other sites More sharing options...
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