I, too, was recently sued by LBN and I filed my answer using the info on Tom's answer to Gerri on July 25. I received the following:
RESPONSE TO MOTION AND BRIEF IN SUPPORT
Plaintiff, Asset Acceptance, hereby responds to the Motion to Dismiss by Defendant, ME, as follows,
The majority of Defendants' complaints appear to stem from her (!?) general allegation that Plaintiff has failed to state a claim upon which relief may be granted, in one or more ways. 12 o.S. 2012 (B) (6).in bringing such a Motion, Defendant bears the burden of establishing that there is NO set of facts which may entitle Plaintiff to relief in this matter, which is a very high evidentiary hurdle. Defendant has failed to meet this burden and the Motion to Dismiss must therefore be denied.
Plaintiff's petition is sufficient pursuant to notice pleading standards. 12 o.S. 2008 (a). The Petition clearly sets forth allegations constituting a claim for breach of contract: (1) an agreement, supported by consideration, existed between the parties; (2) Defendant breached that agreement; and (3) Plaintiff was damaged as a result of defendant's breach. See ouji-civ, 23.1. The details of these allegations constitute matters to be investigated through the discovery process, and Defendant is not entitled to dimissal simply because they do not appear in the Petition.
To the extent the Motion to Dismiss is responsive to the Petition (see paragraphs 1-3), Plaintiff requests that the document be treated as an "Answer" to the Petition, making the Motion to Dismiss moot as untimely and improperly filed. 12 o.S. 2012 (B).
Wherefore, Plaintiff, requests that Defendant's Motion to Dismiss be, in all things, denied, and that Defendant be ordered to answer the petition within twenty (20) days from the date of the Court's ruling.
I am in the process of looking these statutes up and if anyone can give me opinion's, option's, etc., I would be grateful for the input. Thanks alot!
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