Thank you for your response.
Your letter counts as an answer. Since you are in district court, you need to be more specific in the way you are answering. Your answer needs to be in a legal format rather than a letter (Understand that the court may have said a letter is ok, but the court cannot give you specific legal advice).
The answer needs to look like the form here:
And you have to specifically deny each allegation they make in their claim:
You need to make the denials as to each paragraph in the plaintiff's claim.
Other than the statute of limitations defense and a statement that the credit account was opened through fraud and that you did not authorize the account, there are no specific defenses you need to state.
In Utah, there is no "motion to dismiss" specifically. The motion you would need to file next after filing your answer is a "motion for summary judgment
" which requests that the case be dismissed because the plaintiff cannot prove its claim against you. http://www.utcourts.gov/resources/rules/urcp/urcp056.html
The motion for summary judgment should follow the form located on this page: http://www.utcourts.gov/resources/rules/urcp/forms/
In the motion, you should state that "Plaintiff cannot prove that Defendant opened this account and has no proof that Defendant ever agreed to enter into any contract
with Plaintiff. As Plaintiff lacks evidence on this crucial and required element of its claim, the court must dismiss Plaintiff's claim."
You should also state that "Plaintiff's claim is barred by the statute of limitations. Plaintiff has admitted in it's own pleading that the account became due on _______. The Plaintiff did not file suit until August 2012, which is more than 4 years after the account became due. Accordingly, the Plaintiff is barred from asserting this claim pursuant to the Utah statute of limitations."
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