Credit card suit answer

On Nov 2, 2:57 pm, Johnny <J0hn_2...@rock.com> wrote:
> I recently received some pleadings in regard to a credit card account.
> Nowhere is the account number mentioned, Since this could be one of
> several accounts with the same credit card company how am I able to
> respond with any certainty which account is involved? Or should I
> respond indicating that their pleadings (request for production,
> interrogatories, request for admissions) cannot be responded to since
> the account number has not appeared in any of their pleadings or
> summons? In my answer to summons, I stated "Plaintiff's complaint
> fails to state claim upon which relief may be granted."

First of all, if you are representing yourself in court you have a fool for a client.   Get a lawyer or it will be like shooting fish in a barrel when you go up against the credit company's lawyer.

Secondly, if you have already filed an "answer", your grouse that you can't understand the complaint is probably now legally irrelevant.  Most states' rules of civil procedure have a provision for a defendant to file, INSTEAD of an answer, a preliminary "motion for a more definite statement" if the defendant feels the complaint does not give him adequate notice of the nature of the plaintiff's claim.  Your chosen option, filing an answer that happens to include the "fails to state a claim" defense, is not equivalent, since it does not require the plaintiff to re-file a more definite complaint.  By answering, you are presumed to know enough about the complaint to respond to its allegations by admitting or denying them.  In addition, if you _really_ don't have any clue which account they mean, you can find out in discovery, through the questions you will ask the other side, exactly which account it is they are complaining about.   I suspect you really know already which one it is and are just trying to "game" the system on them (what, are you that seriously in arrears on more than one account with the same lender?)

Thirdly, do their discovery requests to you contain a "definitions" section, as most do, where they say, frex, "the term 'the account' as used herein means XYZ Credit Corp. account no. 1234-5678-9012-3456"   If so, they have specified the account well enough for you to answer

Get that lawyer, soon.  He may be able to save you enough money on this claim to more than pay for his fee (which he will probably want to be paid up front as a flat fee, or an hourly rate drawing from a retainer).  Or else you will have quite a wild ride, and it will not be fun.  Good luck,

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Mike Jacobs
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