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Here's my answer, but where's my request for Discovery?

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Hi all:

Here's the answer I'm filing tomorrow in response to the complaint posted here:


I'm just not sure how do I request discovery? In the affirmative defense? After the affirmative defense like I did below?


Da6cents (PRO SE)




Vs. )







Da6cents Defendant(s) )

) DOCKET NO: xxxxxxxx-xxx

Acct. No.: xxxxxx Ref. No.: xxxxxxx )


Defendant: Da6cents

Located at Da6cents


Answering to Plaintiff’s complaint(s) , say(s):

All allegations of the Complaint are denied unless expressly admitted herein.

1. As to the first paragraph Defendant does not have enough information needed to ascertain the accuracy of the accusation.

2.. As to the second paragraph Defendant does not have enough information needed to ascertain the accuracy of the accusation.

3. As to the third paragraph Defendant does not have enough information needed to ascertain the accuracy of the accusation.

WHEREFORE the defendant demands judgment dismissing the complaint with costs.


Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date.

As For a First Defense

Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fails to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted.

As For a Second Defense

Plaintiff failed to produce a copy of credit card, line of credit account or promissory note or loan that was alleged in Plaintiff’s complaint.

As For a Third Defense

Plaintiff failed to produce a copy of alleged contract with Defendant’s signature agreeing to terms alleged by Plaintiff.

As and for a Fourth Defense

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.

As and for a Fifth Defense

Defendant claims a Failure of Consideration, as there has never been any exchange of any money or item of value between the plaintiff and the Defendant.

As and for a Sixth Defense

Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff.

As and for a Seventh Defense

Defendant alleges that Plaintiff or the person or entity that assigned the alleged claim to the Plaintiff is not entitled to reimbursement of attorneys' fees because the alleged contract did not include such a provision, and there is no law that otherwise allows them.

As and for a Eighth Defense

Defendant alleges that the granting of the Plaintiff's demand in the Complaint would result in Unjust Enrichment as the Plaintiff would receive more money than plaintiff is entitled to receive as no documents showing charges to alleged account have been produced.

WHEREFORE, Defendant demands a copy of the aforementioned credit card, line of credit, promissory note or loan. Defendant also demands an accounting of all charges, fees , interest and costs alleged by Plaintiff as well as a copy of contract alleged by Plaintiff as having been given to Defendant. Defendant also demands a copy of all amendments related to said contract.

I CERTIFY that pursuant to Court Rule 4:5-1, the matter in controversy is not the subject of any other Action or arbitration proceeding, now or contemplated, and that no other parties should be joined in this action.

DATED: xxx/xx/xxxx Da6cents

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