A creditor has two loans from a borrower, payable on different dates. Is joinder of these two loans in a single complaint mandatory?

A creditor has two loans from a borrower, payable on different dates. Is joinder of these two loans in a single complaint mandatory?

• A. Yes, file a single complaint for both loans.
• B. No, joinder is permissive; there may be two separate complaints for two separate loans.
• C. No, you must file two separate complaints only if the loans have different interest rates.
• D. Yes, but only if the lender consents.

Answer: (B)

The idea being tested is permissive joinder of causes of action. In remedial law, you’re not forced to bring all related claims in one suit; you may, but you aren’t required to. A plaintiff can sue on multiple loans in a single complaint if it makes sense to do so and the actions are properly joined, but it is equally acceptable to file separate complaints for distinct loans, especially when they are separate obligations or not tightly intertwined. That’s why the best answer is that joinder is permissive: there may be two separate complaints for two separate loans. There’s no rule mandating one suit for both, and there’s no need for the lender’s consent to file separate actions. The different dates of payment for the two loans don’t by themselves force a single action; they’re considerations for whether to join, not requirements that they must be joined.

The idea being tested is permissive joinder of causes of action. In remedial law, you’re not forced to bring all related claims in one suit; you may, but you aren’t required to. A plaintiff can sue on multiple loans in a single complaint if it makes sense to do so and the actions are properly joined, but it is equally acceptable to file separate complaints for distinct loans, especially when they are separate obligations or not tightly intertwined.

That’s why the best answer is that joinder is permissive: there may be two separate complaints for two separate loans. There’s no rule mandating one suit for both, and there’s no need for the lender’s consent to file separate actions. The different dates of payment for the two loans don’t by themselves force a single action; they’re considerations for whether to join, not requirements that they must be joined.