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2173Re: [tips_and_tricks] More bad news, so I need some help.

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  • Stub & Colleen Harvey
    Aug 1 6:18 AM
      [Defendant]

      [Address]

      [City state zip]



      [Debt Collector]

      [Attorney]

      [Address]

      [City state zip]

      [Phone]



      [Date]



      Re [collector] vs. [Subscriber]; Case No. _____



      Hello [attorney]



      Please find the enclosed Motion to Dismiss.



      Best regards,







      [Defendant]



      COURT

      STATE

      [BANK]
      PLAINTIFF,
      v. Case No.: _________
      [DEPOSITOR]

      DEFENDANT.

      ______________________________________/

      MOTION TO DISMISS
      Now comes Defendant, hereby respectfully moves this court to dismiss
      Plaintiffs complaint for the reasons stated herein, to wit:

      1. Counter plaintiff's complaint fails to state cause of action or a claim
      upon which relief can be granted.

      . The complaint is not supported by any written instrument. The nature
      terms for purported "agreement" are not specified. The terms of agreement
      related to purported obligation to pay are not specified. In fact, there is
      no agreement. The compliant is frivolous, insufficient and fails on its
      face. For all we know this purported agreement could have taken place in
      1912, could have concluded in 1912, could have been breached in 1912, we don
      't know, the complaint does not say and the record doesn't show it. The
      compliant fails to identify a specific date upon which the purported
      agreement was commenced.

      2. This court lacks jurisdiction because the complaint is not sufficient to
      invoke the courts jurisdiction. The complaint fails to allege any valuable
      consideration for the purposed agreement. The complaint fails to allege
      whether or not purported agreement is in a class of contracts required to be
      in writing. The complaint contains no allegation establishing whether or not
      the counter plaintiff has any standing or status to maintain an action in
      this court. What if the purported agreement took place in South America?
      Would this court be the proper venue or jurisdiction? We don't know, the
      complaint does not say.

      WHEREFORE defendant respectfully requests an order dismissing Counter
      plaintiffs complaint.

      DATED this ___ day of [month] [year].

      ______________________________

      [Depositor]

      [Address]

      [City state zip]

      [Phone]



      COURT

      STATE

      [BANK]
      PLAINTIFF,
      v. Case No.: _________
      [DEPOSITOR]

      DEFENDANT.

      ______________________________________/

      PURPOSED ORDER
      Upon Defendants motion, and review of the record, the court having been
      properly advised in the premises,

      IT is hereby ORDERED and ADJUDGED;



      Plaintiff's complaint is dismissed with Prejudice.





      _________________

      Hon. Judge



      Copies to:

      Plaintiff's attorney

      [Name]

      [Address]

      [City state zip]

      [Name of Defendant]

      [Address]

      [City state zip]



      CERTIFICATE OF SERVICE

      I __________ hereby certify that a true and correct copy of the
      foregoing was sent to Plaintiff, by first class mail addressed to:
      [Attorney] at: [Address], on this ___ day of [Month], [Year].

      BY: __________







      ----- Original Message -----
      From: "Big Dave" <bigdave72u@...>
      To: <tips_and_tricks@yahoogroups.com>
      Sent: Thursday, July 31, 2003 8:53 PM
      Subject: [tips_and_tricks] More bad news, so I need some help.


      > I just received a Civil Summons from one of my creditors CitiBank. I
      > have 30 days in which to respond.
      >
      > They want me to serve a copy of my written answer to the complaint.
      > So what do I tell them, how do I reply? (I would like to tell them to
      > go to Hell).
      >
      > I don't have anything left of value, so them sueing me would be
      > senseless. Most of the bloodsuckers have already cleaned me out.
      >
      > Once again, any and all help will be greatly appreciated.
      >
      > Dave
      >
      >
      >
      >
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