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nat'l check bureau - Long sorry,

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Posted by airics ( on June 03, 2004 at 22:46:55:

Anyone have any luck against these people... Court date is next week... Do they tend to show up? Their only documentation that they provided on the suit was a cardmember agreement.. no signatures, no application, no statements, no signatures.. it was very blurry also... they also put 2 accounts together in one lawsuit..
My attorney answered with the following:
1. Defendant admits there is a contract entered as exhibit but print is illegible and denies authenticity.
2. Defendant denies allegations to make payments to usa platinum
3. defendant is without sufficient information to deny or admit other allegations.
4. defendant denies all allegations in the complaint that are not expressly admitted herein
Second Defense:
1. Plaintiff complaint is barred because it fails to state a claim in which relief can be granted
Third Defense
1. Plaintiff's claims are barred by the doctrine of laches, estopel and or waiver
Fourth Defense
Plaintiff's claims are wholly or partially barred by the statute of limitations.
Fifth Defense.
1. The monthly payments and other charges claimed by plaintiff are usurious and unlawful under ohio law
Sixth Defense
1. Plaintiff's claims are barred by the Doctrine of Res Judica
Seventh Defense
1. Plaintiff's claims are wholly or partially barred by the statute of frauds
Eighth Defense
1. Plaintiff's claims are wholly or partially barred by fraud
Ninth Defense
1. Plaintiff's claims are wholly or partialy barred by the unclean hands of plaintiffs
Tenth Defense
1. Plaintiff failed to mitigate damages.

Motion for definite statement - defendant moves the court to order service of a definite statement to plaintiff's claim pursuant to civil rule 12... The grounds for this motion are that plaintiff has brought an action on an alleged acct but has failed to attach a proper statement of acct as required by civil rule 10.
A proper statement of acct must be attached and include the following.. document actual size of original document, starting zero balance, each and every transaction since 0 balance, showing date amt and identification and a running balance or other arrangement which permits calculation of amount due...
Without adequate statement of account, defendant is unable to determine whether or not the amount claimed is correct or whether any defenses to plaintiffs claims should be asserted. Therefore, court should order plaintiff to serve a more definite statement of account, including all information specified above within 14 days pursuant to civil rule 12..
then finally....
Motion to dismiss plaintiff not a real party in interest.
Plaintiff states in paragraph 2 that he is the assignee of said credit card transactions, but the documents are in the name of a 3rd party creditor and there are no documents showing transfer from that creditor to plaintiff.
Wherefore, having answered.. defendant demands that
Plaintiff's complaint be dismissed, The costs and expenses of this action, Reasonable attorney fees, and any other relief the court may deem just and reasonable....
NOW my question, can anybody put this in English? Does Nat'l Check Bureau tend to show up? Sorry this was long.. but any advice will be greatly appreciated..

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