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What if the plaintiff does not allege the debt is assigned…

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What if the plaintiff does...
What if the plaintiff does not allege the debt is assigned to the collection agency? Also, what if the plaintiff corporation was dissolved before filing their summons? Sould my response be in the form of a motion to quash?
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 29 minutes by:
6/29/2010
Real Estate Lawyer: socrateaser, Lawyer replied 8 years ago
socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,158
Experience: Attorney and Real Estate broker -- Retired
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You would file a "demurrer" to the complaint stating that the plaintiff has no standing to sue, because it does not own the alleged debt, nor has it alleged that it owns the debt.

 

A demurrer is just a fancy name for a motion to dismiss because the plaintiff's claim is defective in some manner. It's just called a demurrer in California, whereas in other states, it's called a motion to dismiss.

 

Hope this helps.

 

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Customer reply replied 8 years ago
where can i get a demurrer template for free
Real Estate Lawyer: socrateaser, Lawyer replied 8 years ago
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