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Prima Facie Question


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Depends on the specific rules of procedure and specific court. Sometimes the rules will state they must include something and then if they don't you can move to have the complaint dismissed for failure to state a claim.

There is no across the board answer to that question.

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I would think probably not. As usual, I find some case law. If you're thinking of a dismissal based upon failing to state a claim or cause of action:

"On a motion to dismiss for failure to state a claim, defendant bears the burden of establishing that the elements pled by plaintiff fail to state a cause of action." Saidawi v. Giovanni's Little Place, Inc., 987 SW 2d 501 - Mo: Court of Appeals, Eastern Dist., 3rd Div. 1999

You would have the burden of showing they failed to state a cause of action.

"A petition will not be dismissed for failure to state a claim if it asserts any set of facts which, if proved, would entitle the plaintiff to relief." Martin v. City of Washington, 848 S.W.2d 487, 489 (Mo. banc 1993).

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Thank you Coltfan1972 & BV80! I'm always looking for that angle.

Now this is something I just saw on findlaw from the ED Appeals Court of Missouri in WHIPPLE v. ALLEN LLC.

Missouri is a fact-pleading state. Jones v. St. Charles County, 181 S.W.3d 197, 202 (Mo.App.E.D.2005). The overall purpose of fact pleading is “to enable a person of common understanding to know what is intended.” M & H Enters. v. Tri-State Delta Chemicals, Inc., 984 S.W.2d 175, 181 (Mo.App.S.D.1998) (internal citation omitted).

A petition must contain a short and plain statement of the facts showing that the pleader is entitled to relief. Rule 55.051 ; M & H Enters., 984 S.W.2d at 181. Though “[t]he petition need not plead evidentiary or operative facts showing an entitlement to the relief sought, it must plead ultimate facts demonstrating such an entitlement.” Williams v. Barnes & Noble, Inc. 174 S.W.3d 556, 559-60 (Mo.App.W.D.2005) (internal citation omitted). The petition cannot merely assert conclusions, and in determining whether a petition states a cause of action, we are to disregard conclusions not supported by facts. Id. at 560.

In the mentioned petition towards me (this is a new one), there isn't any bill of sale, sworn affidavit from Midland or anything. Just a line in the petition that says:

3. All right, title and interest in the right to receive payment as described below were assigned to Plaintiff.

4. The original creditor CHASE BANK USA, NA. provided money by an extension of credit to Defendant and/or for the benefit of Defendant and intended that the money be repaid by Defendant.

This was for a CC. There are no exhibits attached to the summons.

Thank you,

Edited by Simpleaim
Added Case Law
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Whipple case does not help you. The court did not order any documents in the pleading, just to properly state all elements and not rely on conclusions, but state facts, not attach facts, just properly plead them. Also it was in illegal conversion case.

Just look at the rules and see what, if any, documents/proof have to be included with an initial complaint.

It's pretty dang hard to get a simple credit card contract case dismissed for failure to state a claim. It's just not that difficult to plead the elements. It's about as basic of contract law there is.

Here is a contract, we have standing (yes, you attack it of course, but I'm just talking about the initial complaint) here is what we did, here is what they did, this is why those actions violate the contract, these are our damages, award us XXX amount of money and costs.

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As I recall, there is no such requirement in MO, although the court rules are almost impossible to access, they use some crazy web thing called "wayback machine" that never works. The stuff you are questioning would normally be a discovery issue. Generally, the only thing that has to be attached to a complaint is a contract IF the cause of action is specifically breach of contract. Other than that, ask for the stuff in discovery. When they don't produce it, send requests for admissions for the items not produced. Kinda boxes them in with their own BS. You'll never get a dismissal over this. Even if it was required, they'd get a chance to correct the defect.

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