asset acceptance has ZERO evidence what motion should do next
Date: Tue, 04/16/2013 - 15:40
I filed a motion for more definite statement. There original complaint had nothing absolutely nothing attached.
Here is there response:
I. Facts
Complaint in this matter was filed to rrecover a balance which arose from Defendant's alleged use of a xxxx credit card account. Service was perfected and Defendant has filed a motion for definite statement pursuant of ohio civil rule 12(e).
II. Defendant's motion for more definite statement is improper.
Defendant has psed such a motion to the court. however, there is nothing in Plaintiff's complaint that is so vague as to prevent her from answering. to the contrary, it is clear from reading the complint that plaintiff alleges defendant applied for xxxxxx bank credit card, that she failed to pay the balance due, that the debt assigned to plaintiff for collections and that therefore defendnt owes a sum of moneyto plaintiff. none of the foregoing allegations are so unclear that defendant cout not possibly respond. therefore his motion for more definite statement is denied.
III.Defedant argues plaintiffs complaint must include a copy of the contract and a running balance of his account the complaint included defendant's name and account number. attached to the complaint is an affidavit of the account and copies of statements in the defendant's name.(yes, it did include my name and an account numb er and that's it)
"plaintiff sites citibank v. eckmeryer"
the court focuses on the fact that the plaintiff established a "provable sum" similarly the fourth appellate district has stated that at the pleading stage in an action on an account the beginning balance must be a provable sum not a proven sum. Capital on bank v. day 4th dist. no blah blah blah.
defendant has notice of the claim herein the ample opportunity to form an answer. for the foregoing reasons, plaintiff respectfully requests that this honorable court deny defendant's motion for definite statement.
they provided absolutely nothing.
any help is greatly appreciated.
oh btw, in court...the judge even told the lawyer he needed to see some proof that there "wasn't even a credit card statement attached"
I live in OHio and the statue of limitations is seven years.
Here is there response:
I. Facts
Complaint in this matter was filed to rrecover a balance which arose from Defendant's alleged use of a xxxx credit card account. Service was perfected and Defendant has filed a motion for definite statement pursuant of ohio civil rule 12(e).
II. Defendant's motion for more definite statement is improper.
Defendant has psed such a motion to the court. however, there is nothing in Plaintiff's complaint that is so vague as to prevent her from answering. to the contrary, it is clear from reading the complint that plaintiff alleges defendant applied for xxxxxx bank credit card, that she failed to pay the balance due, that the debt assigned to plaintiff for collections and that therefore defendnt owes a sum of moneyto plaintiff. none of the foregoing allegations are so unclear that defendant cout not possibly respond. therefore his motion for more definite statement is denied.
III.Defedant argues plaintiffs complaint must include a copy of the contract and a running balance of his account the complaint included defendant's name and account number. attached to the complaint is an affidavit of the account and copies of statements in the defendant's name.(yes, it did include my name and an account numb er and that's it)
"plaintiff sites citibank v. eckmeryer"
the court focuses on the fact that the plaintiff established a "provable sum" similarly the fourth appellate district has stated that at the pleading stage in an action on an account the beginning balance must be a provable sum not a proven sum. Capital on bank v. day 4th dist. no blah blah blah.
defendant has notice of the claim herein the ample opportunity to form an answer. for the foregoing reasons, plaintiff respectfully requests that this honorable court deny defendant's motion for definite statement.
they provided absolutely nothing.
any help is greatly appreciated.
oh btw, in court...the judge even told the lawyer he needed to see some proof that there "wasn't even a credit card statement attached"
I live in OHio and the statue of limitations is seven years.
I hope you used spell check
I hope you used spell check and punctuation before you submitted this.
SOL in Ohio is 6 years for open ended accounts and 15 for written. According to what I just read, it depends on how the card holder agreement was worded....even the AG's office wouldnt commit to a definative answer.
Did the CA directly jump to
Did the CA directly jump to filing suit or dis you at any point hit them with a DV request? You could ask for proof during discovery.
