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Credit Card vs. Line of Credit


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I have an existing thread regarding a particular case. They had amended a complaint to change from a credit card to line of credit.

I was wondering if there is a different way to prepare a defense on a Line of Credit or is it pretty much the same as a credit card debt.

I am about to answer the amended complaint and send a 2nd set of interrogatories shortly after, so any input is greatly appreciated.

Thanks

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With a credit card they generally plead, breach of contract, money lent for goods and sevices and account stated or some mixture of these.

Underlying should be Breach of Contract, the only reason I can see to changing their pleading is to be accurate as the account. I would suspect they have realized you accessed the line of credit using checks, which in many cases are provided for a line of credit. (Could be wrong on this)

Had they left it as credit card, you could easily say I never had a credit card account with XYZ......

Defending line of credit could be more difficult if the draw on the line of credit was via check as mentioned above. They would likely have these documents.

At the end of the day still the same legal principals are in play. They have to prove Standing to Sue, You are the correct Party, they are in the right Venue, Show authenticated evidence that you used or recieved the cash.

Good Luck

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No...this was originally through MBNA, then B of A bought them out. FIA is the plaintiff in this case. They have a document as evidence that FIA is the so called collection dept for B of A.

The evidence they have are about 4 statements, no cancelled checks and of course, the affadavit from someone at FIA.

They have already cancelled the MSJ 2 weeks ago, but I think because they had not filed and serve me the Amended Complaint.

I am about to answer the Amended and send them again, my affirmative defenses along with it, followed by 2nd set of interrogatories.

I have an MSJ coming up in 2 weeks thru the same attorneys, but Crap1 as the OC, and they have much more evidence to back up their Standing.

Thanks for the info

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