Legal Question in Credit and Debt Law in Florida

On 6/09 I was served with a complaint by Asset Acceptance for credit card debt. Plaintiff claims debt was purchased from Chase Bank. On 7/9/09 I responded with a Motion To Dismiss the complaint for failure to establish ownership of the debt and deprivation of standing to sue. Plaintiff didn't produce documentation identifying the accounts alleged in the complaint, or sufficient info or documents to determine alleged accounts were sold or assigned to plaintiff. Plainitff then served me with a Notice to Produce and Interrogatories, neither of which I responeded to. On 9/29/09 plaintiff served me with an Amended Complaint. The Amended Complaint has two additional exhibits, neither of which establish ownership of the debt. They are a one one line computer print-out that does not state who produced the document, where the document was produced, etc. Anyone could have typed these on their computer. May I respond with another Motion to Dismiss with the same assertions?


Asked on 11/22/09, 4:57 pm

2 Answers from Attorneys
Angelo Marino Angelo Marino Jr. PA

Yes. You have done an excellent. Move for summary judgement. Want to know the law? ConsumerLawyerHelp.com is providing a fee legal newsletter. If you wish a copy, just go to the web site and sign up.

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Answered on 11/27/09, 5:48 pm
Lucreita Becude Lucreita D. Becude, P.A.

Yes, file a Motion for Summary Judgment.

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Answered on 11/30/09, 12:57 pm


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