Re: Guess I should have added....- whychat, lady

Posted by casey (24.12.116.215) on May 09, 2004 at 11:04:30:

In Reply to: Re: Guess I should have added....- whychat, lady posted by airics on May 09, 2004 at 10:51:18:

Sorry to hear this mom - bet you thought you were getting flowers delivered when the doorbell rang!! That sucks. Air - mine complaint didn't include the agreement at all (credit card). I looked up the rules for a complaint and S.Ct. (I can't remember which one, I have it written down at work) rule states that the complaint MUST include a copy of the original agreement or an affidavit stating why the plaintiff doesn't have it. The affidavit attached to this complaint did not contain a statement regarding the agreement at all. When I talked to an atty about the complaint when I was first served he told me to file a Motion to Dismiss with my appearance, told me the affidavit that was attached is usually thrown out. I couldn't file the Motion cuz it was small claims but I did ask for a dismissal on my answer.

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