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Is this the right wording....


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I'm writing out my answer and I want to deny the allegations (3 of them) as there was no proof - this is what I wrote:

 

"COMES NOW, XXXXXXXXXXXXX, Defendant in the above styled and numbered cause, and makes and files this, its Original Answer, and respectfully shows:

I deny all charges brought against me as Plaintiff has failed to produce documents showing proof of debt."

 

Is that the right wording?  I know I saw a sample form on here but for the life of me, I can't find it again.

 

Thanks!! 

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Do not admit to any item pertaining to the account. The only things you should admit to are your name and address and/or one that says something about that you are not currently in the military.

Caption the document exactly the same as the complaint that you were served with. The caption will include the name of the Texas court, names of the parties and the cause number.

Title the document "Defendant's Original Answer". Under the title write a brief paragraph stating "Comes now the Defendant and files his Answer in the above-entitled matter and in support thereof states as follows:

The Defendant generally denies, pursuant to Rule 92 of the Texas Rules of Civil Procedure, each and every, all and singular, of The Plaintiff's allegations.

Create numbered paragraphs correlating to each allegation found in the complaint. For each paragraph state "Defendant denies the allegation found in paragraph one of Plaintiff's Complaint" and so on for each allegation.

Include a Plea to the Jurisdiction if they did not attach anything to "prove" they purchased the debt (edit the part in red to coincide with the wording on their original petition that you were served with) -

 

PLEA TO THE JURISDICTION

Grounds for Dismissal for Lack of Standing

This is a lawsuit arising out of an alleged consumer credit card debt. Plaintiff, is not a financial institution, original creditor, lender, or issuer of any credit card. Instead, Plaintiff alleges “plaintiff 's predecessor advanced funds to defendant account number **** pursuant to an open account agreement and Plaintiff now owns the debt." See Plaintiff's Original Petition, paragraph III. There is no allegation or statement as to who was the seller, and there is no way from these pleadings to determine if Plaintiff purchased the account from anyone in the chain of title, and no way to determine what rights, if any, the Plaintiff has to bring suit.
A plaintiff who seeks to sue based on rights acquired by an assignment must plead and prove up the assignment. Ceraminc Tile Intern., Inc, v. Balusek, 137 S.W3d 722, 724 (Tex. App, – San Antonio 2004, no pet.); Delaney v. Davis, 81 S.W.3d 445, 448-49 (Tex. App, – Houston [14th district] 2002, no pet.). Plaintiff has not done either.
If Plaintiff is the assignee and rightful owner of the debt, this should be very easy for Plaintiff to allege and prove, yet Plaintiff avoids and dodges the issue, when such issues cannot wait until trial. Without a pleading of an assignment and admissible evidence of the assignment, there is no subject matter jurisdiction and this case must be dismisses. Whether plaintiff has standing to bring this lawsuit is a threshold issue that should be resolved at the onset, and the instant plea to the jurisdiction is a proper means by which to address this threshold question.

Legal Standards for a Plea to the Jurisdiction

The purpose of a plea to the jurisdiction is to dismiss a cause of action without regard to whether the underlying claim has merit. Bland ISD v. Blue, 34 S.W.3d 547, 554 (Tex. 2000). The plea challenges the court's power to adjudicate the subject matter of the controversy. Texas DOT v. Arzate, 159 S.W.3d 188, 190 (Tex.App. – El Paso 2004, no pet.), Axtell v. University of Texas, 69 S.W.3d 261, 263 (Tex.App. – Austin 2002, no pet.).
Standing is a basic requirement of the judicial system and goes directly to the court's subject matter jurisdiction over a case. It may be raised at anytime and, unlike a challenge to a party's capacity to sue, cannot be waived or presumed. Nootsie Ltd. v. Williamson County Appraisal District, 925 S.W.2d 659, 661-662 (Tex. 1996), Continental Coffee Products v. Cazarez, 937 S.W.2d 444 n.2 (Tex, 1996). A plea to the jurisdiction is the proper way to challenge a party's lack of standing. Waco ISD v. Gibson, 22 S.W.3d 849, 850 (Tex. 2000).
The plaintiff must come forward with sufficient evidence to demonstrate that there is at least an issue of fact as to the existence of jurisdiction. Texas Department of Parks and Wildlife v. Miranda, 133 S.W.3d 217, 227-228 (Tex. 2004). The court should grant defendant's plea to the jurisdiction because on the face of the petition, it is clear that the plaintiff is not the original creditor, which therefore puts standing at issue and it is certain that this Plaintiff will not come forward with admissible evidence of standing to bring the lawsuit.

 

Finish the document by stating "Defendant prays that the Court deny The Plaintiff's Complaint and for all other relief just and proper in the premises."

Add a certificate of service clause indicating that you have served a copy of the answer on the plaintiff. A certificate of service clause states "I hereby certify that a true and accurate copy of the foregoing Answer was served on _________(plaintiff's attorney) on this the ____ day of _____, 2012 by mailing a copy USPS certified mail to the following address:_____"
Create a signature line and sign the document and print your name, address, and phone number.

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Do not do that in your answer.......just say "the defendant denies all allegations of plaintiffs complaint"......you use your case law in your motion to dismiss. Forget all the comes now stuff, it falling by the way side.

 

One simple statement is all you need

 

If you are attacking standing to sue you are also attacking the subject matter jurisdiction of the court.

here is some case law:

"Bell Atlantic v. Twombly (2007)
At a minimum, there must be factual allegations that "raise a right to relief above the speculative level( (at 1965)
 

Whitmore v Arkansas, 495 U.S. 149 (1990)
Before a Court can consider the merits of a case, the person seeking to invoke the courts jurisdiction must establish the requisite of standing to sue. To do so he must prove that their is a case or controversy by clearly demonstrating that he has suffered an injury in fact that is concrete in both qualitative and temporal sense. He must show that the injury can be traced to the challenged action and is likely to be redressed by a favorable decision.

 

Allen v Wright 468, U.S. 737
“standing” requires that a plaintiff must allege personal injury fairly traceable to the defendant’s allegedly unlawful conduct, and likely to be redressed by the requested relief

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