"Black's Law Dictionary—which the Eleventh Circuit recently cited for the definition of 'pleading' as that term appears in § 1962e(11), Miljkovic [v Shafritz & Dinkin, P.A.], 791 F.3d [1291,] 1298-99 n.5—defines 'pleading' as '[a] formal document in which a party to a legal proceeding (esp. a civil lawsuit) sets forth or responds to allegations, claims, denials, or defenses,' such as 'the plaintiff[']s {**76 Misc 3d at 737}complaint and the defendant's answer.' Black's Law Dictionary 1339 (10th ed. 2014). Without question, Defendant's proofs of claim 'set[ ] forth . . . claims,' and are 'pleadings.' Id." (Townsend v Quantum3 Group, LLC, 535 BR at 422.)
Similarly, the court in Lilly v RAB Performance Recoveries, LLC (2013 WL 4010257, 2013 US Dist LEXIS 109369 [ED Tenn, Aug. 5, 2013, No. 2:12-CV-364]) held that a sworn affidavit attached to a civil warrant was exempt from FDCPA requirements as a "formal pleading" because under Tennessee law it was a necessary part of the complaint. The court wrote:
"[T]he sworn affidavit falls within the formal pleading exception. The civil warrant in this case serves the same purpose in a general sessions court case as the complaint does in other courts, as it is the manner in which an action is commenced in a general sessions court. Tenn.Code Ann. § 16-15-716. In addition, the sworn affidavit attached to the civil warrant serves as the means to conclusively establish the amount owed, such that it becomes a necessary part of the complaint. See Tenn.Code Ann. § 24-5-107." (2013 WL 4010257, *4, 2013 US Dist LEXIS 109369, *13 ; see also Bohannon v LVNV Funding, LLC, 2015 WL 893362, *4, 2015 US Dist LEXIS 24976, *10.)