What is the name of your state (only U.S. law)? NY
Last month I filed my Answer to a Complaint regarding alledge credit card debt. My answer demanded proof in all causes of action, included discovery demands: interrogatories and production of documents. My answer also ask the court to dismiss the complaint with prejudice. A few days ago I received via regular mail 1 year of credit card statements, an unsigned cardholder agreement and a letter from the Plaintiff's attorney stating "If the enclosed documents do not contain all of the documents you requested, our client does not possess these documents. We will continue to work with our client to attempt to obtain as many of the omitted documents as possible, and will forward any additional documents as soon as possible." I interpret this as if the Plaintiff does not possess "Business Records" as required by law for this type of case. In their complaint lies an "account stated" cause of action which I understand is the Plaintiff can use to get a summary judgement when a defendant doesn't properly oppose the complaint. My goal is to oppose and create an issue of material fact that results in getting the case dismissed with prejudice.
In a few days we are scheduled to appear at a Pre-Trial Conference. I want to prepare a solid opposition and/or motion (whatever it takes) that creates an issue of material fact. I also want the judge to see this letter from the OC's Attorney. What would be the appropriate format and action to respond? Some guidance from the community would be appreciated. Thanks in advance.
Last month I filed my Answer to a Complaint regarding alledge credit card debt. My answer demanded proof in all causes of action, included discovery demands: interrogatories and production of documents. My answer also ask the court to dismiss the complaint with prejudice. A few days ago I received via regular mail 1 year of credit card statements, an unsigned cardholder agreement and a letter from the Plaintiff's attorney stating "If the enclosed documents do not contain all of the documents you requested, our client does not possess these documents. We will continue to work with our client to attempt to obtain as many of the omitted documents as possible, and will forward any additional documents as soon as possible." I interpret this as if the Plaintiff does not possess "Business Records" as required by law for this type of case. In their complaint lies an "account stated" cause of action which I understand is the Plaintiff can use to get a summary judgement when a defendant doesn't properly oppose the complaint. My goal is to oppose and create an issue of material fact that results in getting the case dismissed with prejudice.
In a few days we are scheduled to appear at a Pre-Trial Conference. I want to prepare a solid opposition and/or motion (whatever it takes) that creates an issue of material fact. I also want the judge to see this letter from the OC's Attorney. What would be the appropriate format and action to respond? Some guidance from the community would be appreciated. Thanks in advance.