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PLAINTIFF’S REQUEST FOR LEAVE TO AMEND


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I still have a couple weeks to answer request for admit which I am also working on right now.

Original - Court File Copy 1 - Plaintiff or Attorney Copy 2 - Defendant

Denied all 8 and wrote no defense.

>>>>>>>>>

I then amended the answers so they were specific to each question.And messed up with defenses while still denying all allegations.

Edited by My~Cuz~n~Vinny~
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So here is their complaint . Filed with no attachments.

*********

Count I ( Default on Credit Account )

1. On or before date xxxxxx the defendant became indebted to BiG bank in the sum of $xxxxx for charges and/or cash advances incurred on the

defendant's credit account.

2. Despite demand/ the balance of $xxxx remains wholly unpaid and the defendant failed and continues to fail to make payment.

3. Provisions of the credit agreement between the parties provide for .contractual interest on any unpaid balances.

4. Provisions of the credit agreement between the parties provide for reasonable attorney's fee in the event that the defendant should default in payment and the matter proceed to litigation

Count II ( an Account stated )

1. Plaintiff hereby incorporates paragraphs 1-2 of Count I as though set forth in full herein.

3.The defendant had a credit account with the plaintiff/

and in connection with that account/ plaintiff mailed/ delivered/ sent or otherwise transmitted periodic account statements to the defendant setting forth all of the charges and credits applicable to the account/ as well as the balance due.

4. 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 the amount due.

5.The final statement transmitted to the defendant, indicating a balance due and owing, was accepted and held by the defendant for an unreasonable time without protest or notice of defect.

6. The Plaintiff seeks damages for the account stated balance.

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So I can answer like this....

****************

ANSWERS TO COUNT 1

1. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegation.

2. As to the incorporated reference of paragraph 1 of count 1 Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegation.

3. As to the incorporated reference of paragraph 1 of count 1 Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegation.

4. As to the incorporated reference of paragraph 1 of count 1 Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegation.

.

ANSWERS TO COUNT 2

1.As to the incorporated reference of paragraph 1 of count 1 Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegation.

3. As to the incorporated reference of paragraph 1 of count 1 Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegation.

4.As to the incorporated reference of paragraph 1 of count 1 Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegation.

5.As to the incorporated reference of paragraph 1 of count 1 Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegation.

6.As to the incorporated reference of paragraph 1 of count 1 Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegation.

Defense:

No certifiable account has ever been entered into evidence, between defendant and plaintiff.

No certifiable final balance struck,which requires a closed certified account has ever been entered into evidence, between defendant and plaintiff.

No certifiable contract with the single date of execution has been entered into evidence, between defendant and plaintiff.

....?????

Or just leave it with a simple generic denial of all 8?

.

Edited by My~Cuz~n~Vinny~
wording and extra
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I then amended the answers so they were specific to each question

You should have quit while you were ahead. The form answer is all you need. You can defend yourself as you wish, there is no requirement that you plead a bunch of special defenses. Not one thing you posted here is a recognized special defense anywhere in the country. You can't keep amending your answer. This is done by motion, which I provided you with. You can't do anything further until the court rules on your motion. You keep sending new amendments to the clerk and they will throw them right in the trash.

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