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Sample Motions, Forms, Affirmative Defenses

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#1 03-24-2006, 07:18 AM
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In order to sto! the re!eated re:uests for the tem!lates which have been !osted over and over I;m <ust !osting them again in one thread$
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>ou need to look u! the rules of civil !rocedure in your state to see if it is !ro!er to file any of these documents and any changes which must be made in order to com!ly with your state;s laws$ If you don;t follow your state;s !rocedures you can lose on a technicality$ AAAAAAAAAAAAAAAAAA
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Dismissal of "omplaint# DDDDDDDDDDDDDDDDDDDDD -u!erior )ourt of )alifornia )ounty of -an Mateo -u!erior )ourt )ase No$ EEEEEE Motion to %ismiss )om!laint Palisades )ollections Inc$ Plaintiff Bs$
6ose!hine %ebtor %efendant M=M?R/N%UM ?C P?IN0- /N% /U0,?RI0I=)omes now the %efendant 6ose!hine %ebtor and files this Re:uest for %ismissal of )om!laint as follows" #$ 0he )auses of /ction s!ecified in the com!laint filed by the Plaintiff is insufficient as a matter of law$ 0he com!laint does not set forth the 0rue facts u!on which Plaintiff seeks a summary <udgment$ 0he com!laint should be dismissed$ &$ %efendant received the Plaintiff;s )om!laint on or about %ecember # &334$ %efendant answered the com!laint on or about %ecember &2 &334$ ($ 0he Plaintiff has failed to !rovide any contract or agreement bearing the signature of the %efendant nor any itemiFed statements or billing of said debts$ *$ Plaintiff has failed to !rovide a detailed list of the debts to the %efendant in the initial debt collection notice as re:uire by the C%)P/ and as evidence by case law$ )o!!ola v$ /rrow Cinancial -ervices (3&)B411 &33& 8+ (&#1(13*G%$)onn$ ?ct$ &H &33&I J Information relating to the !urchase of a bad debt is not !ro!rietary or burdensome$ %ebtor must !hrase their re:uest clearly to obtain" 0he source of a debt and the amount a bad debt buyer !aid for !laintiffKs debt how amount sought was calculated where in issue a list of re!orts to credit bureaus and documents conferring authority on defendant to collect debt$ 4$ 0he Plaintiff has failed to !rovide any !roof of a relationshi! between themselves and the alleged original creditor s!ecifically the authority of the Plaintiff to collect the debt on behalf of the original creditor$ 8,=R=C?R= %efendant 6ose!hine %ebtor res!ectfully submits that the )ourt should dismiss the deny the Plaintiff;s com!laint filed herein Palisades )ollections Inc$ and !rays for %ismissal of the com!laint by the Plaintiff$ %efendant;s Re:uest submitted this AAAAAAAAAAA day of AAAAAAAAAA &3AA AAAAAAAAAAAAAAAAAA
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Motion to %ismiss -ummary 6udgment DDDDDDDDDDDDD IN 0,= -UP=RI?R )?UR0 ?C 0,= -0/0= ?C L>?UR -0/0=5 IN /N% C?R 0,= )?UN0> ?C L>?UR )?UN0>5 )ase No$AAAAAAAAAAAAAAAAAAAAA L)ollection /gency5 Plaintiff Bs$ 6ose!h )onsumer %efendantGsI M?0I?N C?R %I-MI--/+ ?C -UMM/R> 6U%.M=N0 )omes now the %efendant EEEEEEE and files this R=P+> /N% ?PP?-I0I?N 0? P+/N0ICCKM?0I?N C?R -UMM/R> 6U%.=M=N0 in res!onse to Motion Cor -ummary 6udgment /nd -u!!lement filed herein by Plaintiff L>our Plantiff5 Inc$ as follows" #$ 0he Motion Cor -ummary 6udgment filed by the Plaintiff is insufficient as a matter of law$ / !arty moving for summary <udgment has the res!onsibility of informing the court of the basis for its motion and identifying those !ortions of the !leadings de!ositions answers to interrogatories and admissions on file with the affidavits if any which it believes demonstrates the absence of a genuine issue of material fact$ Plaintiff has failed to discharge this res!onsibility in the Motion for -ummary 6udgment and -u!!lemental Motion filed with the )ourt$ 0he Motion does not set forth the 0rue facts u!on which Plaintiff seeks a summary <udgment$ Rather the Motion states only M0hat there is no genuine issue as to any material fact and that Plaintiff is entitled to a <udgment as a matter of law with regard to all )ounts$N Motion for -ummary 6udgment should be denied$ &$ %efendant received the Plaintiff;s -ummons on L%ate u!on which >ou received -ummons5$ %efendant answered the re:uest on L%ate which you answered -ummons5$ ($ 0rial was set for L%ate on which trail was set for5$ *$ Motion for discovery was filed on Ldate the motion was filed5$ %ocuments re:uested from !laintiff included any documentation of relationshi! between !laintiff and R-) the alleged original !laintiff any !ayment history and any breakdown of the sum re:uested by !laintiff$ %efendant cannot make a legitimate defense on claims by the Plaintiff that are incorrect untrue and undocumented$ O0he a!!eals court overturned the default summary in -!ears vs$ 7rennan
)ourt of /!!eals 1*4 N$=$&d 2P&Q &33# Ind$ /!!$ +=EI- 43HQ because the collection agency lawyer did not meet the rules of the C%)P/ #4 U$-$)$ R #PH&g GbI Balidation of %ebts$S 4$ 0he Plaintiff has failed to !rovide any contract an agreement bearing the signature of the %efendant or any itemiFed statements or billing of said debts which would constitute intimate knowledge of the creation of the debt$ =ven if such documents were available a !urchasingTassigneeKs !laintiff would be unable to swear to the authenticity of the originating or source documents of a credit transaction because they do not have !ersonal knowledge of the events which trans!ired at that !eriod of time in the life of the credit agreement$ 0he original cardholder agreement any corres!ondence and monthly statements issued by the original credit grantor are not admissible as the !urchasing !laintiff;s business records as the !urchasing !laintiff has no !ersonal knowledge of how those records were created or maintained$ P$ %efendant alleges that this action is timeUbarred under R 1(4 I+)- 4T#(U&3*U 1(4 I+)4T#(U&3P under IllinoisKs civil code Gstatute of limitations for o!en accounts is 4 yearsI$ Per the PlaintiffKs own summons date of last !ayment was #3T31T&333$ %ate of summons was #3T(#T&334$ 1$ Plaintiff failed to state a claim u!on which relief can be granted$ Plaintiff;s )om!laint and each cause of action therein fails to state facts sufficient to constitute a cause of action against the %efendant for which relief can be granted$ 2$ Plaintiff has failed to !rovide a detailed list of the debts to the %efendant in the initial debt collection notice as re:uire by the C%)P/ and as evidence by case law$ )o!!ola v$ /rrow Cinancial -ervices (3&)B411 &33& 8+ (&#1(13*G%$)onn$ ?ct$ &H &33&I J Information relating to the !urchase of a bad debt is not !ro!rietary or burdensome$ %ebtor must !hrase their re:uest clearly to obtain" 0he source of a debt and the amount a bad debt buyer !aid for !laintiffKs debt how amount sought was calculated where in issue a list of re!orts to credit bureaus and documents conferring authority on defendant to collect debt$ 8,=R=C?R= %efendant EEEEEEEEEE res!ectfully submits that the )ourt should deny the Plaintiff;s Motion and -u!!lemental Motion for -ummary 6udgment filed herein by National )heck 7ureau and !rays for %ismissal of the com!laint by the Plaintiff for damages of VH2($1( and any further relief this court deems <ust and !ro!er$ %efendant;s motion for dismissal of summary <udgment submitted this AAAAAAAAAAA day of %ec H &334$ AAAAAAAAAAAAAAAAAA
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/ffirmative %efenses 0hese can be included in your motions but again you need to read your state;s rules of civil !rocedures to see if this is !ro!er$ It should be included IN /%%I0I?N to written answers you will !rovide to interrogatories G:uestions directed at you by the !eo!le filing the suit and which related to your !ersonal information and the lawsuit itself$I $ Pick among these your case may not relate to some of them below$ 0his is only a tem!late /s and for a Cirst %efense Plaintiff failed to state a claim u!on which relief can be granted$ Plaintiff;s )om!laint and each cause of action therein fails to state facts sufficient to constitute a cause of action against the %efendant for which relief can be granted$ /s and for a -econd %efense %efendant alleges that this action is timeUbarred under RLinsert the law which states -?+5 of the laws of Lname of your state5$ /s and for a 0hird %efense Plaintiff admits to !urchasing the defaulted debt allegedly owned by the %efendant causing Plaintiff;s in<ury to its own self therefore Plaintiff is barred from seeking relief for damages$ /s and for a Courth %efense Plaintiff;s )om!laint violates the statute of Crauds as the !ur!orted contract or agreement falls within a class of contracts or agreements re:uired to be in writing$ the !ur!orted contract or agreement alleged in the )om!laint is not in writing and signed by the %efendant or by some other !erson authoriFed by the %efendant and who was to answer for the alleged debt default or miscarriage of another !erson$ /s and for a Cifth %efense %efendant claims a Cailure of )onsideration as there has never been any exchange of any money or item of value between the !laintiff and the %efendant$ /s and for a -ixth %efense %efendant claims +ack of Privity as %efendant has never entered into any contractual or debtorTcreditor arrangements with the Plaintiff$ /s and for a -eventh %efense %efendant alleges that the )om!laint includes references to alleged agreements made outside of the alleged written contract violating the Parole =vidence Rule$ /s and for an =ighth %efense PlaintiffKs )om!laint fails to allege a valid assignment and there are no averments as to the nature of the !ur!orted assignment or evidence of valuable consideration$ /s and for a Ninth %efense Plaintiff;s com!laint fails to allege whether or not the !ur!orted assignment was !artial or
com!lete and there is no evidence that the !ur!orted assignment was bona fide$ /s and for a 0enth %efense Plaintiff;s )om!laint fails to allege that the /ssignor even has knowledge of this action or that the /ssignor has conveyed all rights and control to the Plaintiff$ 0he record does not disclose this information and it cannot be assumed without creating an unfair !re<udice against the %efendant$ /s and for an =leventh %efense 0he Plaintiff is not an /ssignee for the !ur!orted agreement and no evidence a!!ears in the record to su!!ort any related assum!tions$ /s and for a 0welfth %efense %efendant claims /ccord and -atisfaction as %efendant alleges that the original creditor acce!ted !ayment from a third !arty for the alleged debt or a !ortion of the alleged debt or that the original creditor received other com!ensation in the form of monies andTor credits$ /s and for an 0hirteenth %efense %efendant invokes the %octrine of Unclean ,ands as the %efendant alleges that the Plaintiff or the !erson or entity that assigned the alleged claim to Plaintiff acted in a dishonest or fraudulent manner with res!ect to the dis!ute at issue in this case$ /s and for a Courteenth %efense Plaintiff is not authoriFed or licensed to advertise or solicit either in !rint by letter in !erson or otherwise the right to collect or receive !ayment of a claim for another nor to seek to make collection or obtain !ayment of a claim on behalf of another$ 0he )om!laint fails to allege any exce!tion or exem!tion to these re:uirements$ 0he Plaintiff is not any of the following" an attorney at lawQ a !erson regularly em!loyed on a regular wage or salary in the ca!acity of credit men or a similar ca!acity exce!t as an inde!endent contractorQ a bank including a trust de!artment of a bank a fiduciary or a financing and lending institutionQ a common carrierQ a title insurer or abstract com!any while doing an escrow businessQ a licensed real estate brokerQ an em!loyee of a licenseeQ nor a substation !ayment office em!loyed by or serving as an inde!endent contractor for !ublic utilities$ /s and for a Cifteenth %efense %efendant alleges that Plaintiff;s )om!laint and each cause of action therein is barred by the %octrine of =sto!!el s!ecifically =sto!!el in Pais$ /s and for a -ixteenth %efense %efendant alleges that Plaintiff;s actions are !recluded whereas Plaintiff;s demands for interest are usurious and violate state and federal laws$ /s and for a -eventeenth %efense %efendant alleges that Plaintiff or the !erson or entity that assigned the alleged claim to the Plaintiff is not entitled to reimbursement of attorneys; fees because the alleged contract did not include such a !rovision and there is no law that otherwise allows them$ /s and for an =ighteenth %efense %efendant invokes the %octrine of +aches as the Plaintiff or the !erson or entity that assigned the claim to the Plaintiff waited too long to file this lawsuit making if difficult or im!ossible for the %efendant to find witnesses or evidence or that evidence necessary to
!rovide for %efendant;s defense has been lost or destroyed$ /s and for a Nineteenth %efense Plaintiff has no Ciduciary %uty$ /s and for a 0wentieth %efense Plaintiff has failed to name all necessary !arties$ /s and for a 0wentyUfirst %efense Plaintiff;s alleged damages are the result of acts or omissions committed by nonU!arties to this action over whom the %efendant has no res!onsibility or control$ /s and for a 0wentyUsecond %efense Plaintiff;s alleged damages are the result of acts or omissions committed by the Plaintiff$ /s and for a 0wentyUthird %efense %efendant alleges that the granting of the Plaintiff;s demand in the )om!laint would result in Un<ust =nrichment as the Plaintiff would receive more money than !laintiff is entitled to receive$ /s and for a 0wentyUfourth %efense Plaintiff;s alleged damages are limited to real or actual damages only$ /s and for a 0wentyUfifth %efense %efendant invokes the doctrines of -cienti et volenti non fit in<uria Ga !erson who knowledgeably consents to legal wrong has no legal rightI and %amnum abs:ue in<uria Gharm without in<uryI$ /s and for a 0wentyUsixth %efense L,ave you sued these folks before and won? If so include this defense5 -ince under collateral esto!!el once a court has decided an issue of fact or law necessary to its <udgment that decision may !reclude relitigation of the issue in a suit on a different cause of action involving a !arty to the first case !laintiffKs claims are barred$ 8e cite case EEEEUEEEE -e!tember &33*$ /s and for a 0wentyUseventh %efense -ince a court will not grant a <udgment or other legal relief to a !arty who has not acted fairly by having made false re!resentations or concealing material facts from the other !arty Linsert others here5 we maintain that e:uitable esto!!el bar !laintiffKs claims$ /s and for a 0wentyUeight %efense %efendant reserves the right to amend andTor add additional /nswers %efenses andTor )ounterclaims at a later date$ AAAAAAAAAAAAAAAAAA
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#* 03-24-2006, 07:35 AM
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MO$%O& $O COMP'L D%SCO(')* IN 0,= -UP=RI?R )?UR0 ?C 0,= -0/0= ?C L>?UR -0/0=5 IN /N% C?R 0,= )?UN0> ?C L>?UR )?UN0>5 )ase No$AAAAAAAAAAAAAAAAAAAAA M?0I?N 0? )?MP=+ %I-)?B=R> MI%+/N% )R=%I0 M/N/.=M=N0 Plaintiff Bs$ 6ose!h )onsumer %efendantGsI )?M=- Now %efendant xxxxxxx and files this M?0I?N 0? )?MP=+ %I-)?B=R> and re:uests the )ourt to grant such Motion based on facts stated below" #$ %efendant served %iscovery Re:uests by certified U$-$ Mail to Plaintiff;s attorney xxxxxxxx on /!ril #2 &334$ / co!y of the certified mail recei!t is attached hereto as =xhibit "/$" &$ %efendant faxed a .ood Caith letter to Plaintiff;s attorney xxxxxx on May #2 &334 re:uesting %iscovery answers and documents or for Plaintiff to re:uest an enlargement of time to answer %iscovery$ / co!y of the faxed letter is attached as =xhibit "7$" Res!ectively #& ?$-$ -ection (&(1 =$" "C/I+UR= ?C P/R0> 0? /00=N% /0 ?8N %=P?-I0I?N ?R -=RB= /N-8=R 0? IN0=RR?./0?RI=- ?R R=-P?N% 0? R=WU=-0 C?R IN-P=)0I?N$ If a !arty fails" &$ 0o serve answers or ob<ections to interrogatories submitted under -ection (&(( of this title after !ro!er service of the interrogatoriesQ 0he court in which the action is !ending on motion may make such orders in regard to the failure as are <ust and among others it may take any action authoriFed under sub!aragra!hs a b and c of !aragra!h & of subsection 7 of this section$" )?N)+U-I?N %efendant has made good faith efforts to remind the Plaintiff of his res!onsibilities to answer %iscovery and as of this date no documents are forth coming nor has he communicated any re:uest for extention$ Plaintiff;s lawsuit and Motion for -ummary 6udgement is based on documents and facts that they allegedly !ossess$ %efendant has re!eatedly re:uested these documents and !roofs of facts but has been denied$
Res!ectfully submitted this AAAAAAAAA day of May &334$ AAAAAAAAAAAAAAAAAA

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O+,'C$%O& $O COMPLA%&$ 0his is a !retty !owerful tool and a good !reem!tive strike$ Most states allow it$ DDDDDDDDDDDDDDDDD 6oe 7low /ddress # )ity -tate 9IP Phone G444I 444U#&#& IN 0,= -UP=RI?R )?UR0 ?C 0,= -0/0= ?C )/+IC?RNI/ IN /N% C?R 0,= )?UN0> ?C N=B/%/ )ase No$" EEEEEE ?76=)0I?N 0? )?MP+/IN0 Investment Retrievers Inc$ Plaintiff vs$ 6oe 7low %efendant M=M?R/N%UM ?C P?IN0- /N% /U0,?RI0I=IN0R?%U)0I?N )omes now the %efendant 6oe 7low and files this ?b<ection to )om!laint !er )alifornia )ivil )ode )ha!ter * -ection *(3$(3$ C/)0#$ %efendant received the Plaintiff;s )om!laint on or about %ecember # &334$ %efendant
answered the com!laint on or about %ecember &2 &334$ &$ ?n or about 6anuary #1 &33P %efendant filed a motion to strike because nearly all of the com!laint contained false information Gmotion to strike com!laint )alifornia )ivil )ode of Procedure *(P GaII$ 8e claim the false information based on the following facts" GaI 0he Plaintiff has failed to !rovide any contract or agreement bearing the signature of the %efendant nor any itemiFed statements or billing of said debts$ GbI Plaintiff has failed to !rovide a detailed list of the debts to the %efendant in the initial debt collection notice as re:uire by the C%)P/ and as evidence by case law$ )o!!ola v$ /rrow Cinancial -ervices (3&)B411 &33& 8+ (&#1(13*G%$)onn$ ?ct$ &H &33&I J Information relating to the !urchase of a bad debt is not !ro!rietary or burdensome$ %ebtor must !hrase their re:uest clearly to obtain" 0he source of a debt and the amount a bad debt buyer !aid for !laintiffKs debt how amount sought was calculated where in issue a list of re!orts to credit bureaus and documents conferring authority on defendant to collect debt$ GcI 0he Plaintiff has failed to !rovide any !roof of a relationshi! between themselves and the alleged original creditor s!ecifically the authority of the Plaintiff to collect the debt on behalf of the original creditor$ ($ ?n or about Ceb # &33P Plaintiff filed an o!!osition to the %efendantKs motion to strike$ 0he hearing for the motion to strike was set for Ceb #4 &33P$ -0/N%/R% ?C R=BI=8 /N% /PP+I)/7+= +/8 *$ 0he %efendant in addition to the motion to strike would like to file an ob<ection to the original com!laint based on )alifornia )ivil )ode of Procedure *(3$#3$ 0he !arty against whom a com!laint or crossUcom!laint has been filed may ob<ect by demurrer or answer as !rovided in -ection *(3$(3 to the !leading on any one or more of the following grounds" *(3$#3 GbI 0he !erson who filed the !leading does not have the legal ca!acity to sue$ *(3$#3 GdI 0here is a defect or mis<oinder of !arties$ In regards to -ection *(3$(3 GbI Inca!acity to sue exists when there is some legal disability such as infancy or lunacy or a want of title in the !laintiff to the character in which he sues$ In this case as stated in the motion to strike the !laintiff has failed to !rovide a definitive relationshi! between themselves and the alleged original creditor of the alleged debt$ In regards to -ection *(3$(3 GdI 0he legal definition of mis<oinder of !arties is the M<oining as !laintiffs or defendants !ersons who have not a <oint interestN$ In this case as stated in the motion to strike the !laintiff has failed to !rovide a definitive relationshi! between themselves and the alleged original creditor of the alleged debt$ 8,=R=C?R= %efendant EEEEEEEEEE res!ectfully submits that the )ourt should dismiss or deny the Plaintiff;s com!laint filed herein Palisades )ollections Inc$ 0he %efendant !rays for %ismissal of the com!laint by the Plaintiff$ %efendant;s Re:uest submitted this AAAAAAAAAAA day of AAAAAAAAAA &3AA AAAAAAAAAAAAAAAAAA
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0his answer to a summonsTinterrogatory could be considered overkill but it !rovides a wide variety of ideas for res!onses defenses and counterclaims$ -ome of it is s!ecific to ?regon )ivil )ode of !rocedure$
IN 0,= )IR)UI0 )?UR0 ?C 0,= -0/0= ?C ?R=.?N
C?R 0,= )?UN0> ?C %=-),U0=)ase No$AAAAAAAAAAAAAAAAAAAAA MI%+/N% )R=%I0 M/N/.=M=N0 Plaintiff Bs$ CIR-0 /M=N%=% /N-8=R- %=C=N-=- /N% )?UN0=R)+/IML>our Name5 %efendantGsI %efendant a!!earing !ro se for its re!ly to the )om!laint of Midland )redit Management Ghereafter "Midland"I states as follows" /ll /nswers corres!ond to the numbered !aragra!hs of the )om!laint$ /ll allegations of the )om!laint are denied unless ex!ressly admitted herein$ /N-8=R#$ In res!onse to !aragra!h X# the %efendant dis!utes the alleged debt as solicited in !aragra!h X# of the com!laint$ &$ In res!onse to !aragra!h X& the )om!laint states legal conclusions to which no res!onse is necessary$ ,owever to the extent that the )ourt may deem a res!onse to be necessary defendant denies the allegation and demands strict !roof thereof$ ($ In res!onse to !aragra!h X( the %efendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein and on that basis generally and s!ecifically denies the allegation contained therein and leaves the Plaintiff to !rovide !roof$ %efendant demands strict !roof thereof$ *$ In res!onse to !aragra!h X* to the extent a res!onse is re:uired defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein and on that basis generally and s!ecifically denies the allegation contained therein and leaves the Plaintiff to !rovide !roof$ %efendant demands strict !roof thereof$ %=C=N-=4$ /s and for a Cirst %efense Plaintiff failed to state a claim u!on which relief can be granted$ Plaintiff;s )om!laint and each cause of action therein fails to state facts sufficient to constitute a cause of action against the %efendant for which relief can be granted$ P$ /s and for a -econd %efense %efendant alleges that this action is timeUbarred under R ?$-$ #&UH4U& of the laws of ?klahoma$ 1$ /s and for a 0hird %efense Plaintiff admits to !urchasing the defaulted debt allegedly owed by the %efendant causing Plaintiff;s in<ury to its own self therefore Plaintiff is barred from seeking relief for damages$
2$ /s and for a Courth %efense Plaintiff;s )om!laint violates the statute of Crauds as the !ur!orted contract or agreement falls within a class of contracts or agreements re:uired to be in writing$ 0he !ur!orted contract or agreement alleged in the )om!laint is not in writing and signed by the %efendant or by some other !erson authoriFed by the %efendant and who was to answer for the alleged debt default or miscarriage of another !erson$ H$ /s and for a Cifth %efense %efendant claims a Cailure of )onsideration as there has never been any exchange of any money or item of value between the !laintiff and the %efendant$ #3$ /s and for a -ixth %efense %efendant claims +ack of Privity as %efendant has never entered into any contractual or debtorTcreditor arrangements with the Plaintiff$ ##$ /s and for a -eventh %efense %efendant alleges that the )om!laint includes references to alleged agreements made outside of the alleged written contract violating the Parol =vidence Rule$ #&$ /s and for an =ighth %efense Plaintiff;s )om!laint fails to allege a valid assignment and there are no averments as to the nature of the !ur!orted assignment or evidence of valuable consideration$ #($ /s and for a Ninth %efense Plaintiff;s com!laint fails to allege whether or not the !ur!orted assignment was !artial or com!lete and there is no evidence that the !ur!orted assignment was bona fide$ #*$ /s and for a 0enth %efense Plaintiff;s )om!laint fails to allege that the /ssignor even has knowledge of this action or that the /ssignor has conveyed all rights and control to the Plaintiff$ 0he record does not disclose this information and it cannot be assumed without creating an unfair !re<udice against the %efendant$ #4$ /s and for an =leventh %efense 0he Plaintiff is not an /ssignee for the !ur!orted agreement and no evidence a!!ears in the record to su!!ort any related assum!tions$ #P$ /s and for a 0welfth %efense %efendant claims /ccord and -atisfaction as %efendant alleges that the original creditor acce!ted !ayment from a third !arty for the alleged debt or a !ortion of the alleged debt or that the original creditor received other com!ensation in the form of monies andTor credits$ #1$ /s and for a 0hirteenth %efense %efendant invokes the %octrine of Unclean ,ands as the %efendant alleges that the Plaintiff or the !erson or entity that assigned the alleged claim to Plaintiff acted in a dishonest or fraudulent manner with res!ect to the dis!ute at issue in this case$ #2$ /s and for a Courteenth %efense Plaintiff is not authoriFed or licensed to advertise or solicit either in !rint by letter in !erson or otherwise the right to collect or receive !ayment of a claim for another nor to
seek to make collection or obtain !ayment of a claim on behalf of another$ 0he )om!laint fails to allege any exce!tion or exem!tion to these re:uirements$ 0he Plaintiff is not any of the following" an attorney at lawQ a !erson regularly em!loyed on a regular wage or salary in the ca!acity of credit men or a similar ca!acity exce!t as an inde!endent contractorQ a bank including a trust de!artment of a bank a fiduciary or a financing and lending institutionQ a common carrierQ a title insurer or abstract com!any while doing an escrow businessQ a licensed real estate brokerQ an em!loyee of a licenseeQ nor a substation !ayment office em!loyed by or serving as an inde!endent contractor for !ublic utilities$ #H$ /s and for a Cifteenth %efense %efendant alleges that Plaintiff;s )om!laint and each cause of action therein is barred by the %octrine of =sto!!el s!ecifically =sto!!el in Pais$ &3$ /s and for a -ixteenth %efense %efendant alleges that Plaintiff;s actions are !recluded whereas Plaintiff;s demands for interest are usurious and violate state and federal laws$ &#$ /s and for a -eventeenth %efense %efendant alleges that Plaintiff or the !erson or entity that assigned the alleged claim to the Plaintiff is not entitled to reimbursement of attorneys; fees because the alleged contract did not include such a !rovision and there is no law that otherwise allows them$ &&$ /s and for an =ighteenth %efense Plaintiff failed to com!ly with normal and acce!ted business !ractices$ &($ /s and for a Nineteenth %efense PlaintiffKs claim is in violation of federal statute$ &*$ /s and for a 0wentieth %efense %efendant invokes the %octrine of +aches as the Plaintiff or the !erson or entity that assigned the claim to the Plaintiff waited too long to file this lawsuit making if difficult or im!ossible for the %efendant to find witnesses or evidence or that evidence necessary to !rovide for %efendant;s defense has been lost or destroyed$ &4$ /s and for a 0wentyUfirst %efense Plaintiff has no Ciduciary %uty$ &P$ /s and for a 0wentyUsecond %efense Plaintiff has failed to name all necessary !arties$ &1$ /s and for a 0wentyUthird %efense Plaintiff;s alleged damages are the result of acts or omissions committed by nonU!arties to this action over whom the %efendant has no res!onsibility or control$ &2$ /s and for a 0wentyUfourth %efense Plaintiff;s alleged damages are the results of acts or omissions committed by the Plaintiff$ &H$ /s and for a 0wentyUfifth %efense %efendant alleges that the granting of the Plaintiff;s demand in the )om!laint would result in Un<ust =nrichment as the Plaintiff would receive more money than !laintiff is entitled to receive$
(3$ /s and for a 0wentyUsixth %efense Plaintiff;s alleged damages are limited to real or actual damages only$ (#$ /s and for a 0wentyUseventh %efense %efendant invokes the doctrines of -cienti et volenti non fit in<uria and %amnum abs:ue in<uria$ (&$ /s and for a 0wentyUeighth %efense %efendant reserves the right to amend andTor add additional /nswers %efenses andTor )ounterclaims at a later date$ )?UN0=R)+/IMCIR-0 )/U-= ?C /)0I?N -tatement of Cacts (($ Cebruary & &33* %efendant sent Midland by way of certified mail re:uest for validation of alleged debt including a :uestionnaire about said debt and a re:uest for documentation$ Re:uest noted their agent xxx P$)$ Ghereafter MxxxNI was given notice of same$ (*$ -imilar letters and re:uest for validation were sent to Midland by way of certified mail on March # &33* and March && &33*$ (4$ U! until the date of this filing no attem!t at validation was received from Midland yet through their agent xxx continued to collect on alleged debt$ -tatement of )laim (P$ In the entire course of its action Plaintiff willfully andTor negligently violated !rovisions of the Cair %ebt )ollection Practices /ct Ghereafter MC%)P/NI in the following res!ects" GaI by failing to cease collection of an alleged debt after the %efendant notified Plaintiff in writing that the alleged debt was dis!uted therefore violating #4 U-) #PH&gGbI$ -=)?N% )/U-= ?C /)0I?N -tatement of Cacts (1$ %efendant re!eats and reUalleges each allegation in !aragra!hs ((U(P with like effect as if fully re!eated herein$ (2$ %efendant received notice from xxx dated %ecember #P &33* stating MidlandKs account had been turned over to their office for collection$ -aid notice contained the statement" MUnless you within (3 days after recei!t of this notice dis!ute the validity of the debt or any !ortion thereof we will assume the debt to be valid$ If you notify this law firm xxx P$)$ in writing within the (3 day !eriod that the debt or any !ortion thereof is dis!uted our law firm xxx P$)$ will obtain verification of the debt and mail a co!y of the verification to you$ U!on your written re:uest within the (3 day !eriod our law firm xxx P$)$ will also !rovide you with the name and address of the original creditor if different from the current creditor$ 0his is a communication from a debt collector$ 0his communication is an attem!t to collect a debt and any information obtained from this communication will be used for that !ur!ose$N (H$ %efendant received notice from xxx entitled MN?0I)= J P/>M=N0 %U=N dated 6anuary &
&33* which stated a !ayment of V43$33 was due on the #4th of each month$ -tatement of )laim *3$ In the entire course of its action Plaintiff willfully andTor negligently violated !rovisions of the C%)P/ in the following res!ects" GaI by making a demand for !ayment by the #4th of the month Plaintiff instilled a false sense of urgency of !ayment$ -ince !ayment date was within the (3 day !eriod Plaintiff overshadowed %efendantKs right to re:uest validation within (3 days violating #4 U-) #PH&gGaI 0,IR% )/U-= ?C /)0I?N -tatement of Cacts *#$ %efendant re!eats and reUalleges each allegation in !aragra!hs ((U(P and (2U*3 with like effect as if fully re!eated herein$ *&$ ?n 6anuary P &33* %efendant sent xxx a notice of dis!ute and re:uest for validation of alleged debt$ %efendant also enclosed a :uestionnaire regarding the same$ *($ %efendant received a notice from xxx dated 6anuary &H &33* stating they had com!leted the :uestionnaire and if %efendant wanted to resolve the account to contact the offices or they would !roceed$ -aid :uestionnaire was com!leted and included in communication$ **$ ?n Cebruary * &33* %efendant sent xxx a second re:uest for validation and documentation regarding alleged debt$ *4$ %efendant received notice from xxx dated /!ril 4 &33* entitled MMidland )redit vs$ %efendantN and stating general information about alleged debt$ -ta!led to said notice was an /ffidavit which a!!eared to have been filed with the -an %iego )ounty )lerk$ It stated MMidland )redit Management Inc$ Plaintiff vs$ %efendant %efendant$N / file number had been handwritten at the to!$ *P$ /s of the date on said notice no case had been filed in -an %iego )ounty )ourt or otherwise !ertaining to alleged debt or between Midland )redit Management Inc and %efendant$ -tatement of )laim *1$ In the entire course of its action Plaintiff willfully andTor negligently violated !rovisions of the C%)P/ in the following res!ects" GaI by using dece!tive or misleading re!resentation for collection of the alleged debt and therefore violating #4 U-) #PH&e GbI by falsely re!resenting the legal status of the alleged debt and therefore violating #4 U-) #PH&eG&IG/I GcI by sending written communication which falsely simulated a courtUissued document and therefore violating #4 U-) #PH&eGHI
GdI by falsely re!resenting a document as legal !rocess and therefore violating #4 U-) #PH&eG#(I C?UR0, )/U-= ?C /)0I?N -tatement of Cacts *2$ %efendant re!eats and reUalleges each allegation in !aragra!hs ((U(P (2U*3 and *&U*1 with like effect as if fully re!eated herein$ *H$ %efendantKs !reviously stated notice from xxx dated %ecember #P &33( noted a 7alance of V( 333$ 43$ %efendantKs !reviously stated notice from xxx dated 6anuary & &33* noted a 7alance of V( 433$ -tatement of )laim 4#$ In the entire course of its action Plaintiff willfully andTor negligently violated !rovisions of the C%)P/ in the following res!ects" GaI 7y falsely re!resenting the amount of the alleged debt and therefore violating #4 U-) #PH&eG&IG/I CIC0, )/U-= ?C /)0I?N -tatement of Cacts 4&$ %efendant re!eats and reUalleges each allegation in !aragra!hs ((U(P (2U*3 *&U*1 and *HU4# with like effect as if fully re!eated herein$ 4($ %efendant had asked for documents concerning alleged debt as validation on three occasions$ 4*$ %efendant received a notice from xxx dated /!ril &1 &33* stating +7N was awaiting the arrival of the file associated with alleged debt and that xxx would forward a co!y to %efendant u!on its arrival$ xxx did not send said file to %efendant$ 44$ ?n ?ctober &* &33* %efendant was served with -ummons concerning alleged debt$ -tatement of )laim 4P$ In the entire course of its action Plaintiff willfully andTor negligently violated !rovisions of the C%)P/ in the following res!ects" GaI by failing to cease collection of an alleged debt after the %efendant notified xxx in writing that the alleged debt was dis!uted therefore violating #4 U-) #PH&gGbI$ -IE0, )/U-= ?C /)0I?N -tatement of Cacts 41$ %efendant re!eats and reUalleges each allegation in !aragra!hs ((U(P (2U*3 *&U*1 *HU4# and 4(U4P with like effects as if fully re!eated herein$ 42$ Plaintiff and PlaintiffKs agentKs acts as described above were dece!tive trade !ractices
and unfair trade !ractices and therefore violated the ?klahoma )onsumer Protection /ct$ 4H$ Plaintiff and PlaintiffKs agentKs acts as described above were done in bad faith and therefore violated the ?klahoma )onsumer Protection /ct$ P3$ Plaintiff and PlaintiffKs agentKs acts as described above were unconscionable and therefore violated the ?klahoma )onsumer Protection /ct$ N?8 0,=R=C?R= %=C=N%/N0 PR/>- C?R 0,= C?++?8IN. R=+I=C" PR/>=R C?R R=+I=C" P#$ /$ Cor %efendantKs Cirst )ause of /ction #I Punitive damages as s!ecified in &( ?$-$ -u!!$ #HH4 RH$# in the amount of V4 333 or as so deemed by <udge or <ury Q &I -tatutory damages as s!ecified in #4 U-) #PH&k in the amount of V# 333Q 7$ Cor %efendantKs -econd )ause of /ction #I Punitive damages as s!ecified in &( ?$-$ -u!!$ #HH4 RH$# in the amount of V4 333 or as so deemed by <udge or <uryQ &I -tatutory damages as s!ecified in #4 U-) #PH&k in the amount of V& 333Q )$ Cor %efendantKs 0hird )ause of /ction #I Punitive damages as s!ecified in &( ?$-$ -u!!$ #HH4 RH$# in the amount of V&3 333 or as so deemed by <udge or <uryQ &I -tatutory damages as s!ecified in #4 U-) #PH&k in the amount of V* 333Q %$ #I so &I Cor %efendantKs Courth )ause of /ction Punitive damages as s!ecified in &( ?$-$ -u!!$ #HH4 RH$# in the amount of V4 333 or as deemed by <udge or <uryQ -tatutory damages as s!ecified in #4 U-) #PH&k in the amount of V# 333Q
=$ Cor %efendantKs Cifth )ause of /ction #I Punitive damages as s!ecified in &( ?$-$ -u!!$ #HH4 RH$# in the amount of V4 333 or as so deemed by <udge or <uryQ &I -tatutory damages as s!ecified in #4 U-) #PH&k in the amount of V& 333Q C$ Cor %efendantKs -ixth )ause of /ction #I -tatutory damages as s!ecified in #4 ?$-$ -u!!$ #HHH R1P#$# in the amount of V#P 333Q .$ /ctual damages in an amount to be determined by <udge or <uryQ ,$ =xem!lary relief in an amount to be determined by <udge or <uryQ I$ In<unctive reliefQ 6$ %eclaratory reliefQ Y$ /ny attorney fees if a!!licableQ +$ costsQ
M$ 0hat any and all contracts having balances owed to the Plaintiff by the %efendant be declared null and void$ CUR0,=R sayeth naught$ P&$ /s a result of the above violations of the ?regon )onsumer Protection /ct PlaintiffKs and PlaintiffKs agentKs acts were unconscionable and Plaintiff is therefore liable to the %efendant for damages in the amount of -ixteen 0housand %ollars G0wo 0housand %ollars GV& 333I !er violation$I P($ 0herefore %efendant !rays <udgment in %efendantKs favor and asks relief in the total amount of 0wentyUCour 0housand %ollars GV&* 333I !lus any a!!licable attorneyKs fees$ P($ 0hat any and all contracts having balances owed to the Plaintiff by the %efendant be declared null and void$ CUR0,=R sayeth naught$ %ated" %ecember & &33* by L>our Name5 L>our /ddress5 0?" xxx P$)$ L)ollection /gencyKs Name5 L)ollection /gency /ddress5 AAAAAAAAAAAAAAAAAA
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Melhunsifat
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6oin %ate" May &33P Posts" #(
%o you have any that are s!ecific to Marico!a )ounty /riFona? /nd where would one find them? Is there a website that hosts them somewhere? I haven;t been able to find anything in /riFona$
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7eenAPonFied
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?riginally Posted by Melh!nsifat "o you have any that are specific to #aricopa $ounty, Ari%ona& And where would one find them& Is there a website that hosts them somewhere& I haven't been able to find anything in Ari%ona. 0here are )ourt forms and exam!les on most )ourt websites$ Cor your county check these out" htt!"TTclerkofcourt$marico!a$govTfax$$$ndT)/0/+?.$htm =ven if you can;t find the exact form for consumer law sometimes you can take another form and customiFe it with your own wording to fit your situation$ Cor instance when I fought the lawsuit by )I0I7/NY I utiliFed old custody motions and <ust changed the wording$ If you really have to have the exact wording for a consumer lawsuit you;ll have to go down to your local +aw +ibrary and find a lawsuit you can use for an exam!le$ .ood luck$
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#1' 06-27-2006, 09:47 AM
Recovering /ttorney
433 !osts and hasn;t been banned yet$$$$ 3000+ Posts
6oin %ate" /!r &33* +ocation" N>Posts" * 1*2
,ere is a s!ecimen Motion to Bacate a %efault 6udgment$ It is tailored for N>- but teh
!rici!les should hold nonetheless" you should be able to show a reasonable excuse for not answering the com!laint /N% a meritorious defense to the action$ 7efore you make a motion you need to get the court file$ Pull a co!y of the com!laint the affidavit of service and the affidavit of regularity signed by the lawyer asking teh court to enter a default$ 0hey will be hel!ful exhibits$
0,=M B-$ >?U EEEEEEEE being duly sworn de!oses and says that" #$ I am the defendant in this action$ 0his is a motion to vacate a <udgment$ 0his affidavit su!!orts the motion$ I make this affidavit based on my !ersonal knowledge and recollection of the material facts and circumstances herein$ &$ 0,=M took a default <udgment against me on xxTxxTxxxx which is within one year from this date$ ($ I have a reasonable excuse for not answering the com!laint and a meritorious defense to the action$ *$ I did not answer the com!laint in the time allowed by law because" a$ I never received service of !rocessQ b$ Gset forth your reasonsQ you need the affidavit of service to dis!ute things like address mailing ty!e of service and the like I ?n teh attached affidavit of service sworn to on xxTxxTxxxx the !rocess server says he nailed and mailed a co!y at xxx =asy -treet$ I do not now nor have I ever lived at that address it is not my dwelling or usual !lace of abode I do not have mail sent there$ /t all relevant times I lived at xxxxxxxxxxx$ I never received a co!y of the summons and com!laint by mail as the affdiavit says$ 4$ I have a meritorious defense to the action to wit" a$ 7ecause I was never served in this action the )ourt lacks !ersonal <urisdiction over me$ I would have an affirmative defense of lack of !ersonal <urisdiction$ b$ I do not know 0,=M$ I deny owing any money to them$ 0hey fail to state a cause of action against me$ c$ Collowing that I believe the -tatute of Crauds would bar the action$ d$ ?n information and belief the action would be barred by the -tatute of +imitations G based on the dates in the com!laintI$ use if appropriate P$ I attach a !ro!osed answer to the com!laint$ G you will need the com!laint for thisI
1$ I only learned about this when my bank told me a restraint had been !laced on my account G see attachedI$ 2$ 0hough I believe I should be able to defend the action it will be futile if them is allowed to seiFe my money and my assets$ 0herefore I ask the )ourt for an order !er )P+R 4&*3" a$ en<oining them and anyone acting through them including the )ity Marshal or )ounty -heriff from em!loying any enforcement !rocedure !ending the outcome of this motion and b$ lifting any restrain on my bank account XAAAAAAAAAAAAA at AAAAAAAAAAAAQ and c$ any money in the hands of the Marshal -heriff or 0,=M seiFed from my account be !aid in to court according to law$ H$ I ask for such other different and further relief as the )ourt finds !ro!er here$ I have not asked the court for similar relief before$ AAAAAAAAAAAAAAAAAAAAA -ign name Print name -worn to and -ubscribed before me ?n AAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAAAAAAAAA Notary Public =%I0=% 7> %IB=M=%I) 0? R=M?B= N/M= ?C "0,=M" AAAAAAAAAAAAAAAAAA +egal information is not legal advice$
for more info$ =xcuse the s!elling@@@ #&T(3T3* #&T(#T34 #&T(#T3P #&T(#T31 =W =W =W =W 41( P(# P13 P22 =E =E =E =E P(3 133 1&P 1#* 0U 0U 0U 0U 4P4 P(2 PH# P22
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?riginally Posted by )e"overin4 Attorne/ 'ere is a specimen #otion to (acate a "efault )udgment. It is tailored for *!+, but teh priciples should hold nonetheless, you should be able to show a reasonable e-cuse for not answering the complaint A*" a meritorious defense to the action. .efore you make a motion, you need to get the court file. /ull a copy of the complaint, the affidavit of service, and the affidavit of regularity signed by the lawyer asking teh court to enter a default. They will be helpful e-hibits. =xcellent@ AAAAAAAAAAAAAAAAAA
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divemedic
433 !osts and hasn;t been banned yet$$$$ -000+ Posts and nothin4 .etter to do
6oin %ate" 6an &334 +ocation" ?rlando Clorida Posts" 2 H42
LLLLLLLL-/MP+= C=%=R/+ )?MP+/IN05555555

$his "omplaint is a "op/ of one that % filed in the federal "o!rt in Orlando, it never went to trial, .!t was settled. %t is 15 pa4es lon4. $he names have .een "han4ed to hide identities, as part of the settlement in"l!ded non dis"los!re. 6se at /o!r own ris7. UNI0=% -0/0=- %I-0RI)0 )?UR0 C?R 0,= MI%%+= %I-0RI)0 ?C C+?RI%/ ?R+/N%? %IBI-I?N Plaintiff
vs$ 6ohnKs /!artments M/N/.IN. Realty )ollection /gency Inc$ Mark )ruF +isa Ma<ors Mona %onald .eoff /brams %efendants$ AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAI )ase Number" )?MP+/IN0 C?R BI?+/0I?N- ?C 0,= C/IR )R=%I0 R=P?R0IN. /)0 0,= C/IR %=70 )?++=)0I?N PR/)0I)=- /)0 0,= C+?RI%/ )?N-UM=R )?++=)0I?N PR/)0I)=- /)0 0,= C+?RI%/ %=)=P0IB= /N% UNC/IR 0R/%= PR/)0I)=- /)0 0,= C+?RI%/ R=-I%=N0I/+ +/N%+?R% /N% 0=N/N0 /)0 IN0=N0I?N/+ INC+I)0I?N ?C =M?0I?N/+ %I-0R=-- and %=M/N% C?R 6UR> 0RI/+ and IN6UN)0IB= R=+I=C )?M= N?8 the P+/IN0ICC >our Name !ro se res!ectfully re:uests this )ourt to issue %eclaratory 6udgment Preliminary and Permanent In<unctive Relief and %amages$ In su!!ort thereof Plaintiff shows unto the )ourt as follows" 0his is a civil action whereby Plaintiff seeks Preliminary and Permanent In<unctive Relief en<oining %efendants )?++=)0I?N /.=N)> Inc$ Ghereafter M)/NI Mark )ruF 6ohnKs /!artments +isa Ma<ors Mona %onald .eoff /brams and other cons!irators agents servants and em!loyees and those acting in active concert and with actual notice thereof from engaging in further violations of the Cair )redit Re!orting /ct G#4 U$-$)$ R #P2# et$ se:$ Ghereafter MC)R/NII the Cair %ebt collection Practices /ct G#4 U$-$)$ R #PH& et$ se:$ Ghereafter MC%)P/NII the Clorida )onsumer )ollection Practices /ct Gss 44H$1& Ghereafter MC))P/NII and the Clorida %ece!tive and Unfair 0rade Practices /ct Gss 43#$&3# et$ se:$ Ghereafter MC%U0P/NII$ /n actual controversy exists between the !arties in that the challenged actions of the %=C=N%/N0- have caused and will continue to cause the P+/IN0ICC substantial harm unless the re:uested relief is granted$ 6URI-%I)0I?N /N% B=NU= #$ 6urisdiction of this court arises under #4 U$-$)$ R #P2#! and #PH&kGdI and &2 U$-$)$ R #((#$ %eclaratory relief is available !ursuant to &2 U$-$)$ R &&3#$ &$ Benue is !ro!er because many of the relevant events occurred within ?sceola and ?range )ounties in the -tate of Clorida which is located within this %istrict$ ($ PlaintiffKs Cederal and -tate +aw claims against the %efendants derive from a common focus of o!erative fact and are of such character that Plaintiff would ordinarily be ex!ected to try them in one <udicial !roceeding$ )onse:uently this court has !endent <urisdiction over PlaintiffKs -tate law claims against the %efendants$ *$ 0his is an action brought by a consumer for violations of the above named /cts in connection with a !ur!orted debt a!!earing on PlaintiffKs consumer re!orts the defendantsK collection tactics in attem!ting to collect it and the defendantsK refusal to remove or correct inaccuracies regarding it des!ite written corres!ondence s!ecifying the inaccuracies and !roviding information that would facilitate a reasonable reinvestigation of the matter$ 0hus the !laintiff seeks damages and to the extent !ossible in<unctive and declaratory relief$ P/R0I=4$ 0he Plaintiff is a natural !erson residing within ?range )ounty in Clorida$
P$ 0he %efendant )ollection /gency Inc$ is a business that is uses instruments of interstate commerce to facilitate the collecting of debts owed or asserted to be due another$ 1$ 0he %efendants Mark )ruF and .eoff /brams are em!loyees of the %efendant )ollection /gency Inc$ and were at all times relevant to this com!laint using instruments of interstate commerce to facilitate the collection of debts owed or asserted to be due another on behalf of both )ollection /gency Inc$ and 6ohnKs /!artments$ 2$ 0he %efendant M/N/.IN. Realty was the !ro!erty management agency for the 6ohnKs /!artments during the !eriod inclusive of Call &33* to May &33P$ H$ 0he %efendants +isa Ma<ors and Mona %onald were em!loyees of 6ohnKs /!artments and M/N/.IN. Realty during the !eriod extending from -e!tember &334 through May &33P and acted as the duly authoriFed agents for their em!loyers$ #3$ /ll %efendants are considered a M!ersonN under Clorida -tatute 44H$1&$ C/)0##$ Plaintiff rented an a!artment from 6ohnKs /!artments during a !eriod extending from /ugust of &33( to /ugust of &334$ 0his a!artment was located at &33 Paul %rive /!artment #3( Ghereafter Mthe a!artmentNI #&$ Plaintiff is therefore a Mtenant N as defined by Clorida -tatute 2($*(G*I$ #($ 8hen the Plaintiff took !ossession of the a!artment he com!lained about damages to the a!artment to the manager of the a!artment com!lex a Ms$ /my 7ock$ Ms$ 7ock informed the !laintiff that the damages could not be re!aired unless the Plaintiff agreed to delay his moving in to the a!artment for at least two days$ -ince this was not !ossible the Plaintiff agreed to move in anyway and the manager agreed to note the damages in the PlaintiffKs file$ #*$ More damages were sustained to the a!artment during the hurricanes of &33* and the subse:uent re!air activities carried out by the landlord$ 0hese damages included but were not limited to water damage roof leakage and damage to windows and screens caused by roofing material thrown down by roofing contractors$ #4$ -ometime during the PlaintiffKs tenancy after the damage caused by ,urricane )harley the management of 6ohnKs /!artments changed to the current management com!any M/N/.IN. Realty and some time thereafter +isa Ma<ors was named as manager of the !ro!erty$ #P$ 0he Plaintiff vacated the a!artment /ugust #& &334 after giving P3 days notice of intent to vacate in accordance with the lease agreement$ U!on moving out the Plaintiff turned over the keys to the a!artment in an envelo!e along with a letter detailing the PlaintiffKs forwarding address$ #1$ 0he security de!osit of V&33 was not returned within #4 days nor was the Plaintiff notified within (3 days by certified mail at his last known address that the landlord intended to im!ose a claim against this security de!osit as re:uired by Clorida -tate -tatute 2($*HG(I$ #2$ ?n -e!tember (3 &334 the defendant )ollection /gency Inc$ sent a dunning letter to the Plaintiff claiming a debt of V2(2$*4$ #H$ 0he !ur!orted account is a MdebtN as defined by #4 U$-$)$ R #PH&a G4I and as defined by Clorida -tatute 44H$44 G#I$ &3$ 0he Plaintiff sent a dis!ute and re:uest for validation to )ollection /gency Inc$ on ?ctober 1 &334$ 0his notice was sent certified mail return recei!t re:uested$ It was received and signed for at the offices of )ollection /gency Inc$ on ?ctober #& &334$ &#$ / return letter was sent from %efendant Mark )ruF at the offices of )ollection /gency Inc$ on ?ctober #& &334$ Included with this letter was a statement from the 6ohnKs /!artments s!ecifying V# 3(2$*4 in damages rents and fees minus the V&33 security de!osit leaving a balance due of V2(2$*4$ 0his letter came along with an ins!ection form
that read Mno ins!ection on fileN and then listed fees for damages to the a!artment in the amount of V424$ 0he form was signed by Mona %onald and was not dated$ &&$ Mr$ )ruF sent another letter demanding !ayment to the Plaintiff on ?ctober &1 &334$ In this letter Mr$ )ruF accused the Plaintiff of ignoring M!revious re:uests for !ayment in fullN of his Mseriously delin:uent account$N &($ 0he Plaintiff res!onded to the dunning letter by sending another more detailed dis!ute of the claims made by )/ and 6ohnKs /!artments s!ecifically dis!uting the charges !laced on the account as they related to damages$ 0he letter was signed for at the offices of )/ on November & &334$ &*$ /t no time did )/ or Mr$ )ruF inform the Plaintiff that this dis!ute was frivolous or irrelevant nor did they inform him that more information was needed to investigate the dis!ute$ &4$ ?n November & &334 )/ !laced a tradeline in the PlaintiffKs credit bureau re!orts claiming a balance of V2(2$ 0his tradeline did not contain any indication that it was dis!uted by the consumer$ &P$ ?n November #4 &334 Mr$ )ruF sent another demand for !ayment by U$-$ mail stating that they had made re!eated attem!ts to contact the Plaintiff by tele!hone and mail and further accusing the Plaintiff of failing to res!ond to their attem!ts at contact$ &1$ In %ecember of &334 the Plaintiff dis!uted the tradeline that had been !laced on his =:uifax credit re!ort by )/$ 0he results of the reinvestigation that was com!leted 6anuary #& &33P indicated that )/ verified to =:uifax that the tradeline was com!lete and accurate even though the tradeline now a!!eared twice on the PlaintiffKs =:uifax )redit re!ort$ &2$ ?n 6anuary &1 &33P another dis!ute was sent certified mail return recei!t re:uested to the offices of )/$ &H$ ?n Cebruary ( &33P the Plaintiff received a revised bill from the 6ohnKs /!artments asserting that the amount due was V*(2$*4 in res!onse to a conversation with %efendant +isa Ma<ors$ In that conversation Ms$ Ma<ors stated that she did not work at 6ohnKs /!artments during the time in :uestion and had no !ersonal knowledge of the account$ -he did agree to remove the charges for damage to the car!et$ (3$ Ms$ Ma<ors also stated that the certified letter re:uired by Clorida -tatute 2($*HG(I was sent to the PlaintiffKs !revious address at the a!artment$ In light of the fact that the Polos /!artments had his current address this was clearly done to deny the !laintiff his right to dis!ute the seiFure of his security de!osit$ (#$ ?n March 1 &33P )/ again confirmed to =:uifax in res!onse to a reinvestigation re:uest that the balance was being re!orted correctly at V2(2 des!ite the revised bill$ (&$ ?n March #* &33P )/ also res!onded to a reinvestigation re:uest from =x!erian by re!orting that the account was com!lete and accurate as re!orted even though the !ast due amount was still being incorrectly re!orted as V2(2$ (($ ?n /!ril &4 &33P Ms$ Ma<ors conceded that the amount due was V&22$*4 and the Plaintiff agreed to !ay this amount if the tradeline could be removed from his credit re!orts$ Ms$ Ma<ors refused to agree to remove the tradeline stating that she was not going to reward !eo!le for not !aying their bills$ 8hen the Plaintiff !ointed out that it was errors on the !art of the %efendants that resulted in the nonU!ayment in the first !lace she still refused to remove the tradeline$ (*$ ?n /!ril &2 &33P Mr$ )ruF sent an u!dated bill to the Plaintiff in the amount of V&43$43 by fax along with an offer of settlement$ /long with these documents Mr$ )ruF sent a co!y of a letter from Ms$ Ma<ors that re:uested that )/ u!date their account records with a new balance of V&22$*4$ (4$ 0he Plaintiff again agreed to !ay the V&43$43 if )/ would agree in writing to delete the erroneous tradelines from his credit re!orts$ Mr$ /brams then faxed over an agreement on May & &33P which still did not contain the written !romise to delete the tradeline$
(P$ Mr$ /brams then told the Plaintiff that they would not remove the tradeline and that it was the !olicy of his com!any not to remove any tradelines from credit re!orts$ ,e then accused the Plaintiff of having him on Ms!eaker !honeN and refused to talk to him unless he removed him from Ms!eaker !hone N and then hung u!$ (1$ ?n May H &33P )/ again verified the tradeline on the PlaintiffKs =:uifax credit file as being com!lete and accurate although the tradeline still listed the !ast due balance as V2(2 and the tradeline still a!!eared twice on the credit file$ (2$ =ven though )/ Mr$ )ruF and Mr$ /brams had actual knowledge that the amount they were trying to collect was false they still cons!ired to damage the PlaintiffKs re!utation for credit worthiness by re!orting a tradeline that was not com!lete and accurate even though they had received multi!le reinvestigation re:uests from the consumer and from the credit re!orting agencies =:uifax and =x!erian$ (H$ )/ Mr$ )ruF and Mr$ /brams re!orted this tradeline which they knew to be reasonably dis!uted to the credit re!orting agencies without notifying the agencies about the existence of the dis!ute$ *3$ Ms$ Ma<ors Ms$ %onald Mr$ )ruF and Mr$ /brams while acting in their ca!acities as re!resentatives of their em!loyers did cons!ire to attem!t to enforce a debt when they had sufficient knowledge to know that the claim was not legitimate$ )?UN0 #U BI?+/0I?N ?C 0,= C/IR %=70 )?++=)0I?N PR/)0I)=- /)0 *#$ 0he allegations of !aragra!hs # through *3 of this )om!laint are realleged and incor!orated by reference$ *&$ 0he defendants )ollection /gency Inc$ Mark )ruF and .eoff /brams are debt collectors as defined by #4 U$-$)$ R #PH&aGPI$ *($ 0he defendants )ollection /gency Inc$ Mark )ruF and .eoff /brams violated the C%)P/ by" **$ Multi!le violations of R #PH&e G&IGaI and #PH&eG#3I for the false re!resentation of the character amount or legal status of any debt *4$ Biolations of R #PH&e G2I communicating information which is known to be false *P$ 0he foregoing violations of the C%)P/ are among the %efendantsK standard !rocedures and !ractices towards consumers such as the Plaintiff for which the %efendants are motivated by enhanced !rofits$ )?UN0 &U BI?+/0I?N- ?C 0,= C/IR )R=%I0 R=P?R0IN. /)0 *1$ 0he allegations of !aragra!hs # through *3 of this )om!laint are realleged and incor!orated by reference$ *2$ )ollection /gency Inc$ regularly and in the course of business furnishes information to one or more consumer re!orting agencies about their transactions or ex!eriences with any consumer$ *H$ )ollection /gency Inc$ did not notify the !laintiff at any time that the dis!ute was considered frivolous or irrelevant or that !laintiff had failed to !rovide sufficient information to investigate the dis!uted information$ 43$ )ollection /gency Inc$ failed to review all relevant information !rovided by the consumer re!orting agencies !ursuant to #4 U$-$)$ R #P2#i GaIG&I and as re:uired by #4 U$-$)$ R #P2#sU&GbIG#IG7I$ 4#$ )ollection /gency Inc$ failed to ade:uately conduct an investigation with res!ect to the dis!uted information as re:uired by #4 U$-$)$ R #P2#sU&GbIG#I after the PlaintiffKs notice of dis!ute was received at the offices of )ollection /gency$
4&$ )ollection /gency Inc$ failed to re!ort the results of the investigation findings to the consumer re!orting agencies that the information !rovided by such !erson was incom!lete or inaccurate as re:uired by #4 U$-$)$ R #P2#sU&GbIG#IG%I$ 4($ )ollection /gency Inc$ failed to re!ort the results of the investigation to the consumer re!orting agencies as re:uired #4 U$-$)$ R #P2#sU&GbIG#IG)I$ 4*$ )ollection /gency Inc$ in res!onse to the notices of reinvestigation from the )redit Re!orting /gencies verified that the dis!uted information was accurate and com!lete on four different occasions even though they were in !ossession of information which showed that the tradelines were inaccurate and even though the tradelines did not contain the notice of dis!ute as re:uired by #4 U$-$)$ R #P2#sU&GaIG(I$ 0he fact that this was done in res!onse to multi!le reinvestigation re:uests from multi!le )redit Re!orting /gencies and the Plaintiff is evidence of willful noncom!liance on the !art of )ollection /gency Inc$ )?UN0 (U BI?+/0I?N- ?C 0,= C+?RI%/ )?N-UM=R )?++=)0I?N PR/)0I)=- /)0 44$ 0he allegations of !aragra!hs # through *3 of this )om!laint are realleged and incor!orated by reference$ 4P$ )ollection /gency Inc$ violated Clorida -tatute 44H$1& G(I by telling the Plaintiff that they had disclosed to the credit re!orting agencies information affecting the !laintiff;s re!utation for credit worthiness without also informing the !laintiff that the existence of the dis!ute would also be disclosed$ 41$ )ollection /gency Inc$ violated Clorida -tatute 44H$1& G4I by disclosing to =:uifax information affecting the !laintiff;s re!utation whether or not for credit worthiness with knowledge or reason to know that information was false$ 42$ 0he %efendants +isa Ma<ors and Mona %onald violated Clorida -tatute 44H$1& G4I by disclosing to information affecting the Plaintiff;s re!utation whether or not for credit worthiness with knowledge or reason to know that information was false$ 4H$ 0he %efendants 6ohnKs /!artments and M/N/.IN. Realty violated Clorida -tatute 44H$1& G4I as evidenced by the fact that Ms$ Ma<ors and Ms$ %onald while acting as authoriFed agents for their em!loyers each disclosed information affecting the !laintiff;s re!utation whether or not for credit worthiness with knowledge or reason to know that information was false$ P3$ 6ohnKs /!artments and M/N/.IN. Realty failed to enact reasonable rules !olicies !rocedures or training to !revent their agents and em!loyees from carrying out such destructive and deleterious actions$ P#$ 0he %efendants each se!arately and individually violated Clorida -tatute 44H$1& GPI by disclosing information concerning the existence of a debt known to be reasonably dis!uted by the Plaintiff without disclosing that fact$ P&$ 0he %efendants each se!arately and individually violated Clorida -tatute 44H$1& GHI by claiming attem!ting or threatening to enforce a debt when they each knew or had reason to know that the debt was not legitimate$ )?UN0 *U BI?+/0I?N- ?C 0,= C+?RI%/ %=)=P0IB= /N% UNC/IR 0R/%= PR/)0I)=- /)0 P($ 0he allegations of !aragra!hs # through *3 of this )om!laint are realleged and incor!orated by reference$ P*$ 0he actions stated herein and carried out by the defendants were violations of Clorida -tate and Cederal +aw and are therefore unfair andTor dece!tive trade !ractices as defined by state statute 43#$&3( G(I$ P4$ Unfair andTor dece!tive trade !ractices are a violation of the Clorida %ece!tive and
Unfair 0rade Practices /ct !ursuant to 43#$&3* G#I$ )?UN0 4U IN0=N0I?N/+ INC+I)0I?N ?C =M?0I?N/+ %I-0R=-PP$ 0he allegations of !aragra!hs # through *3 of this )om!laint are realleged and incor!orated by reference$ P1$ 0he %efendants intended to and did inflict severe emotional distress u!on Plaintiff by engaging in actions that intended to harass belittle confuse mislead and threaten the Plaintiff the !ur!ose of which was to intimidate and coerce the Plaintiff into !aying a debt which was not legitimately owed and cons!ired to systematically deny the Plaintiff his right to dis!ute the legitimacy and validity of a claimed debt$ P2$ 0he %efendants attem!ted to take advantage of a consumer reasonably unable to !rotect his interests because of an assumed ignorance and an inability to understand the legal issues and other factors involved and therefore acted with unconscionable intent$ )?UN0 PU BI?+/0I?N ?C 0,= C+?RI%/ R=-I%=N0I/++/N%+?R% /N% 0=N/N0 /)0 PH$ 0he allegations of !aragra!hs # through *3 of this )om!laint are realleged and incor!orated by reference$ 13$ 0he %efendant 6ohnKs /!artments failed to notify the Plaintiff written notice by certified mail to the Plaintiff;s last known mailing address of his intention to im!ose a claim on the de!osit and the reason for im!osing the claim in violation of Clorida -tatute 2($*HG(I$ 1#$ Under that statute if the landlord fails to give the re:uired notice within (3Udays he or she forfeits the right to im!ose a claim u!on the security de!osit$ R=WU=-0=% R=+I=C 8,=R=C?R= the Plaintiff res!ectfully re:uests relief as follows" G/I Cor !reliminary and !ermanent in<unctive relief en<oining all of the named %efendants and other cons!irators from engaging in further violations of the Cair )redit Re!orting /ct the Cair %ebt collection Practices /ct the Clorida )onsumer )ollection Practices /ct and the Clorida %ece!tive and Unfair 0rade Practices /ct$ G7I Cor !reliminary and !ermanent in<unctive relief en<oining all of the named %efendants and other cons!irators from" #$ -elling transferring re!orting or otherwise assigning the above named account to any other collection agency debt collector reseller or )redit Re!orting /gency$ &$ /ttem!ting to !lace the Plaintiff on any Mdeadbeat list N or attem!ting in any way to im!ugn the PlaintiffKs re!utation as a tenant or as a consumer in connection with any and all transactions carried out or related to the aforementioned debt$ G)I Cor an order awarding actual damages in the following amount" #$ /gainst 6ohnKs /!artments in the amount of V&33$ G%I Cor an order awarding statutory damages in the following amounts" #$ /gainst )ollection /gency for violations of the Cair %ebt )ollection Practices /ct in the amount of V# 333Q for violations of the Cair )redit Re!orting /ct in the amount of V* 333Q for violations of the Clorida )onsumer )ollection Practices /ct in the amount of V# 333$ &$ /gainst Mark )ruF for violations of the Cair %ebt )ollection Practices /ct in the amount of V# 333 for violations of the Clorida )onsumer )ollection Practices /ct in the amount of V# 333$ ($ /gainst .eoff /brams for violations of the Cair %ebt )ollection Practices /ct in the amount of V# 333 for violations of the Clorida )onsumer )ollection Practices /ct in the
amount of V# 333$ *$ /gainst +isa Ma<ors for violations of the Clorida )onsumer )ollection Practices /ct in the amount of V# 333$ 4$ /gainst Mona %onald for violations of the Clorida )onsumer )ollection Practices /ct in the amount of V# 333$ P$ /gainst M/N/.IN. Realty for violations of the Clorida )onsumer )ollection Practices /ct in the amount of V# 333$ 1$ /gainst 6ohnKs /!artments for violations of the Clorida )onsumer )ollection Practices /ct in the amount of V# 333 and for violations of the Clorida Residential +andlord and 0enant /ct in the amount of V&33$ G=I Cor an order awarding !unitive damages as follows" #$ /gainst )ollection /gency in the amount of V#4 333$ &$ /gainst Mark )ruF in the amount of V& 433$ ($ /gainst .eoff /brams in the amount of V# 333$ *$ /gainst +isa Ma<ors in the amount of V# 333$ 4$ /gainst Mona %onald in the amount of V433$ P$ /gainst M/N/.IN. Realty in the amount of V& 333$ 1$ /gainst 6ohnKs /!artments in the amount of V& 433$ /nd for such other and further relief as the court deems <ust and !ro!er under the circumstances$ Please take notice that the Plaintiff demands trial by <ury in this action$ AAAAAAAAAAAAAAAAAA It ainKt what ya donKt know that hurts ya$ 8hat really !uts a hurtinK on ya is what ya knows for sure that <ust ain;t so$ UU Uncle Remus
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Settlement offer
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%ebt settlement letter

P+/IN0ICC;- N?0I)= ?C %I-MI--/+ P=R )$R$ *#G/IG#IGaI Plaintiff hereby dismisses this action with !re<udice and at its costs$ -=00+=M=N0 /.R==M=N0 /N% R=+=/-=
0his -ettlement /greement and Release is made and enetered into between %iscover 7ank issuer of the %iscover )ard by its attorney L/ttorney Name5 and L%efendant Name5 together the "Parties$" 8,=R=/- a dis!ute arose between the Parties involving the a creditUcard account and 8,=R=/- on or about mmTddTyy %iscover 7ank filed suit against L%efendant +ast Name5 in the L)ourt Name5 and 8,=R=/- the Parties wish to resolve any and all dis!utes between themQ N?8 0,=R=C?R= for good and valuable consideration the sufficiency of which is hereby acknowledged and with the intent to be legally bound the Parties hereby agree as to the following" #$ 0he term "%iscover 7ank " as used in this -ettlement /greement and Release shall refer to %iscover 7ank issuer of the %iscover )ard by its -ervicing /gent %iscover Cinancial -ervices ++) including its !arents divisions subsidiaries !artners affiliates successors and assigns as well as its res!ective offices directors stockholders em!loyees re!resentatives agents attorneys insurers heirs executors and estates$ &$ 0he term L%efendant +ast Name5 as used in this -ettlement /greement and Release shall refer to L%efendant Cirst +ast Name5 including his !artners affiliates successors and assigns as well as his res!ective em!loyees re!resentatives agents attorneys insurers heirs executors and estates$ ($ 0he term "Parties " as used in this -ettlement /greement and Release shall refer to %iscover 7ank as that term is defined in Paragra!h # above and L%efendant Name5 as that term is defined in Paragra!h& above$ *$ 0he Parties agree that no !rovision of this -ettlement /greement and Release shall be construed as an admission by any !arty of any liability or unlawful conduct$ 4$ %iscover 7ank re!resents and warrants that it will dismiss with !re<udice all outstanding com!laints charges or claims for relief against including but not limited ti %iscover 7ank issuer of the %iscover )ard by its v$ L%efendant5 )ase No$ %iscover 7ank by its attorney L/ttorney Name5 agrees to com!lete and submit to the )ourt the Notice of %ismissal dismissing the case with !re<udice and without costs or attorney;s fees as to any !arty$ 0he Parties hereby acknowledge that L%efendant +ast Name5 has !aid the total sum of Vamount P$ re!resenting full settlement of all claims and charges asserted or unasserted that may have had or could have against under any state or federal law including any attorny;s fees and costs concerning %iscover )ard /ccount No$ 1$ =xce!ts as to the obligations set forth in this /greement %iscover 7ank by its attorney L/tty$ Name5 hereby fully forever irrevocably and unconditionally releases from any and all claims charges com!laints demands actions causes of action suits rights debts sums of money costs accounts reckonings covenants contracts agreements !romises doings omissinos damages executions obligations liabilities and ex!enses Gincluding attorney;s fees and costsI of every kind and nature known or unknown which it has or claims to have or which is !reviously had or claimed to have or whihc it ever may have or
claim to have against L%efendant5 occuring !rior to the execution date of this -ettlement /greement and Release$ 2$ 0his -ettlement /greement and Release shall be governed by the law of ?hio and may be amended or modified only in writing executed by the Parties$ -hould any !rovision be declaired by any court to be invalid the validity of the remaining !rovisions shall not be affected and the invalid !rovisionGsI shall be deemed not a !art of this -ettlement /greement and Release$ 0he language of all !arts of this -ettlement /greement and Release shall be construed as a whole according its fair meaning and not strictly for or against either Party$ H$ 0his -ettlement /greement and Release shall be binding u!on and inure to the benefit of L%efendant5 his heirs administrators executors re!resentatives successorsm and assigns and shall be binding u!on and inure to the benefit of %iscover 7ank its heris administrators executors re!resentatives successors and assigns$ #3$ 0his -ettlement /greement and Release su!ersedes any and all !rior andTor written agreements between Parties and sets forth the entire agreement between the Parties$ ##$ 0he Parties re!resent that they each have had an o!!ortunity to discuss this /greement with their res!ective attorneysQ that they have read and understand the !rovisions hereinQ that they are not relying on !romises or other re!resentations not set forth above as inducement to enter this -ettlement /greement$ #&$ 0his -ettlement /greement and Release may be signed in counter!arts$ AAAAAAAAAAAAAAAAAA
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,ere is a !retty good resource for all court forms Gof all ty!es not <ust credit situationsI" htt!"TTresources$lawinfo$comTindex$c$$$:'actDform'iDb AAAAAAAAAAAAAAAAAA
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,ere;s an answer wit counterclaim vs$ a 6%7$ 0he counterclaim was suing without validating mischaracteriFing the debt and calling a third !arty$ Cor illustration only@@@@
)/)B ?C )?+?R/%? ++) ++)$ Plaintiff Bs$ xxxxxxxxxxxxxxxx %efendant
xxxxxxxxxx by his attorney xxxxxxxxxxxxx$ answers the com!laint by stating and showing that" #$ /%MI0- the allegations of !aragra!h &$ &$ %=NI=- having information and knowledge sufficient to form a belief as to the truth of the allegations at !aragra!hs # ($ %=NI=- having information and knowledge sufficient to form a belief as to the truth of so much of !aragra!h ( as alleges )/)B !urchased credit card accounts from Cleet 7ank and %=NI=- the remaining allegations of !aragra!h ($ *$ %=NI=- the allegations of !aragra!hs * P 1 2 H #3 and ##$ 4$ %=NI=- every other allegation not !reviously admitted denied or controverted$ /- /N% C?R /CCIRM/0IB= %=C=N-=P$ Plaintiff fails to state a cause of action against the defendant$ 1$ Plaintiff as the defendant is informed and believes lacks the legal standing to bring and maintain this action$
2$ 0he action is barred by the -tatute of Crauds$ H$ 0he action is barred by the -tatute of +imitations$ #3$ 0he court would un<ustly enrich the !laintiff by granting the relief sought herein$ /- /N% C?R / )?UN0=R)+/IM ##$ %efendant resides in xxxxxxxxxxxx and is a consumer as that term is defined by the Cair %ebt )ollection Practices /ct #4 U-) #PH& et se: G MC%)P/NI #&$ U!on information and belief )/)B ?C )?+?R/%? ++) GM)/)BNI is a foreign limited liability )om!any authoriFed to do business in New >orkQ that )/)BKs !rinci!al business is the collection of debts from othersQ that )/)B regularly collects debtsQ that )/)B uses the instruments of interstate commerce and the mail to collect debts$ #($ )/)B and its agent xxxxxxxxxxxxxxxx are Mdebt collectorsN as the term is defined by the C%)P/$ #*$ 0he alleged credit card account is a MdebtN as that term is defined by the C%)P/ that the alleged account was meant to be used !rimarily for !ersonal family or household !ur!oses #4$ ?n or before xxxxx at a time best known to it )/)B engaged 7M to collect this alleged debt from defendantQ at all times xx was acting for and under the direction of )/)B$ #P$ ?n xxx xx sent defendant a letter demanding he !ay )/)B$ 0he letter also had a validation notice !er #4 U-) #PH&g$ / co!y of the letter is attached$ #1$ In res!onse thereto defendant sent xx a letter on xx which xx received on xxxxx wherein he dis!uted the debt and asked xx and )/)B to !rovide validation !er #4 U-) #PH&g$ / co!y of the letter and tracking notice are attached$ #2$ Instead of answering the letter on or about xxxx )/)B had xx commence this action$ #H$ 0o date neither )/)B nor xx has sent defendant validation of the dis!uted debt$ &3$ )/)BZs act to bring this action without validating the debt was intentional and on information and belief !ersistent and fre:uent$ &#$ )/)B has violated the C%)P/ by bringing this action before validating the debt and defendant is in<ured thereby$ /- / -=)?N% )?UN0=R)+/IM &&$ %efendant restates and realleges the matter in !aragra!hs # through &#$ &($ ?n xxxx and xxxx xxxxxx of xx communicated the debt to a third !erson by calling defendantKs mother without xxxxxx !rior consent or court order in violation of #4 U-) #PH&cGbI and #4 U-) #PH&d and defendant has been in<ured thereby$
/- / 0,IR% )?UN0=R)+/IM &*$ %efendant restates and realleges the matter in !aragra!hs # through &($ &4$ 0he letter )/)B had xx send on PT#&T3P" a$ was false misleading and dece!tive in that it mischaracteriFed the debt in violation of #4 U-) #PH&e b$ Unfairly and unconscionably sought amounts not authoriFed by agreement or !ermitted by law in violation of #4 U-) #PH&f c$ and the defendant has been in<ured thereby$ 8,=R=C?R= the defendant asks the )ourt for <udgment" a$ dismissing the com!laint herein b$ in favor of the defendant on the counterclaims" i$ for actual damages ii$ for statutory damages in an amount u! to V#333 !er #4 U-) #PH&k iii$ for reasonable attorneyKs fees !er #4 U-) #PH&k c$ costs and disbursements of this action d$ such other and different relief as the )ourt finds !ro!er$
%/0=%" November #H &33P
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAA +egal information is not legal advice$

for more info$ =xcuse the s!elling@@@ #&T(3T3* #&T(#T34 #&T(#T3P #&T(#T31 =W =W =W =W 41( P(# P13 P22 =E =E =E =E P(3 133 1&P 1#* 0U 0U 0U 0U 4P4 P(2 PH# P22
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Reco%ering Attorney Biew Public Profile
Bisit Recovering /ttorney;s home!age@ Cind all !osts by Recovering /ttorney #10 05-15-2007, 06:56 AM
6ary
Posts" nTa
.uest Sample Motion to Compel Prod!"tion of Do"!ments
-/MP+= M?0I?N 0? )?MP=+ PR?%U)0I?N ?C %?)UM=N0% re"ieved this from the MA Law Li.rar/ $o!4ht % sho!ld post it here. P+/IN0ICC;- M?0I?N 0? )?MP=+ PR?%U)0I?N ?C %?)UM=N0Plaintiff !ursuant to Mass$R$)iv$P$ (1GaI moves the court to enter an order com!elling %efendant to !roduce for ins!ection and co!ying the documents described in the attached Re:uest and to assess costs and attorney;s fees against %efendant and %efendant;s attorney based on the following grounds" #$ ?n AAAAAAAA O%ateS Plaintiff served %efendant with Plaintiff;s Re:uest for the Production of %ocuments a co!y of which is attached hereto together with a certificate of service with res!ect to the said Re:uest seeking !roduction of the documents described in the Re:uest$ &$ OIf a!!licableS /lthough more than thirty days have !assed %efendant has failed to serve a res!onse to Plaintiff;s Re:uest notwithstanding Plaintiff;s followUu! letter re:uesting a res!onse a co!y of which is also attached herewith$ ($ OIf a!!licableS %efendant refuses to com!ly with Plaintiff;s Re:uests numbered # and & asserting that said re:uests are Mirrelevant inadmissable and not reasonably calculated to lead to the discovery of evidence N when in fact each of said re:uests is relevant to the issues in the above action$ *$ %efendant;s failure to answer Plaintiff;s re:uests remains without substantial <ustification thereby entitling Plaintiff to recover his costs and reasonable attorney;s fees for !re!aring this motion and su!!orting !a!ers and for attending the hearing on this motion$ / certificate of com!liance with -u!erior )ourt Rule H) a brief in su!!ort of the motion and an affidavit concerning costs and attorney;s fees are attached$
0he Plaintiff 7y its attorneys AAAAAAAAAAAAAAA O-ignature of /ttorneyS
AAAAAAAAAAAAAAA O/ttorney;s NameS 77? No$ AAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAA O/ddressS AAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAA O0ele!hone NumberS %ated" AAAAAAAA
0ast edited by )ary1 231234 #11 05-15-2007, 07:04 AM 5 at 5, 2 A#.
6ary
Posts" nTa
.uest )esponse to Prod!"tion of Do"!ments
SAMPL' D'F'&DA&$8S )'SPO&S' $O PLA%&$%FF8S )'96'S$ FO) $0' P)OD6C$%O& OF DOC6M'&$S

Also re"eived from MA Law Li.rar/ %=C=N%/N0;- R=-P?N-= 0? P+/IN0ICC;- R=WU=-0 C?R 0,= PR?%U)0I?N ?C %?)UM=N0%efendant !ursuant to Mass$R$)iv$P$ (*GbI and Mass$R$)iv$P$ &P hereby res!onds to Plaintiff;s AAAAAAAA O%ateS Re:uest for the Production of %ocuments as follows" .eneral Matters and ?b<ections #$ OIf a!!licableS 0he re:uest is untimely as being served after closure of the discovery !eriod as set by the 0racking ?rder$ &$ OIf a!!licableS 0he re:uest is im!ro!er as being served after the court entered its order staying discovery$ ($ OIf a!!licableS 0he re:uest is insufficient as failing to s!ecify a time !lace and manner of making the ins!ection and !erforming related acts and therefore fails to com!ly with Mass$R$)iv$P$ (*GbI$ *$ OIf a!!licableS 0he re:uest is insufficient as failing to describe each re:uested item and category with reasonable !articularity and therefore fails to com!ly with Mass$R$)iv$P$ (*GbI$
4$ OIf a!!licableS 0he re:uest calls for the !roduction of documents outside the sco!e of discovery !ermitted under Mass$R$)iv$P$ &PGbI$ P$ OIf a!!licableS 0he re:uest seeks !roduction of certain attorneyUclient !rivileged documents and certain work !roduct documents$ %efendant reserves the right to identify such documents and withhold them from !roduction if and when actual !roduction of the documents is made and an ins!ection conducted$ 1$ OIf a!!licableS /lthough the re:uest has not s!ecified a time !lace and manner for the !roduction in antici!ation of such a re:uest %efendant submits that any !roduction of documents at this time should be stayed by the court in order to !rotect the %efendant from annoyance o!!ression undue burden and ex!ense$ GaI %efendant;s motion for summary <udgment has been filed briefed and argued to the court$ 0he motion contends among other things that the relief sought by Plaintiff is ina!!ro!riate that the Plaintiff lacks standing and is not the real !arty in interestQ and that the Plaintiff;s claim is barred by the running of the statute of limitations$ In light of the dis!ositive nature of the motion the likelihood of the defendant succeeding with the motion and the annoyance o!!ression and undue burden and ex!ense that will be incurred by %efendant in com!lying with the re:uest any actual !roduction of documents should await this court;s ruling on the !ending motion$ GbI 0he documents sought by the re:uest are numerous and are distributed among many different locations$ 0he re:uested !roduction would be extremely ex!ensive time consuming and unnecessary in view of the relatively narrow issues !resented before the court the dis!ositive nature of the !ending motion for summary <udgment and the likelihood of the %efendant securing a dismissal of the !laintiff;s claim$ GcI Many of the s!ecifications in the re:uest would re:uire the !roduction of commercially and com!etitively sensitive information which should not be !roduced without the !rotection of a court order restricting access$ /s a com!etitor of %efendant Plaintiff;s interests in obtaining %efendant;s internal documentation go beyond the instant litigation$ In order to !rotect %efendant from annoyance o!!ression undue burden and ex!ense the court should enter an a!!ro!riate !rotective order before any commercially sensitive information is actually !roduced and %efendant !ursuant to Mass$R$)iv$P$ &PGcI has so moved$ GdI Plaintiff has already received some or all of the documents identified in the !ending re:uest$ 0herefore it would be unduly burdensome and ex!ensive to re:uire %efendant to !roduce these documents which are already in Plaintiff;s !ossession$ 2$ OIf a!!licableS %efendant ob<ects to the definitions contained in the re:uest to the extent that they would re:uire %efendant to canvass literally hundreds of em!loyees in an effort to locate and determine the res!onsiveness of documents in numerous locations$ Moreover to the extent that the re:uest;s definition of MdocumentN would re:uire the actual !roduction of com!uterUgenerated information %efendant ob<ects on the ground that the re:uest is overly broad and would sub<ect %efendant to annoyance o!!ression undue burden and ex!ense in determining the existence of certain information on com!uters in its various locations and having the information !rogrammed and !rinted into hard co!y documents$ -!ecific Res!onses %efendant res!onds to the re:uests in the order in which they a!!ear in Plaintiff;s Re:uest for the Production of %ocuments$ #I %efendant will !roduce the re:uested documents co!ies of which accom!any this
res!onse$ &I %efendant will !roduce the re:uested documents co!ies of which will be !rovided within a reasonable time$ (I %efendant is unaware of any such documents$ %efendant will seasonably su!!lement this res!onse !ursuant to Mass$R$)iv$P$ &PGeI$ *I %efendant will !roduce the re:uested documents on the date and at the time re:uested but because of the voluminous nature of the items re:uested will instead make them available for Plaintiff;s ins!ection at %efendant;s offices located at ?ne Industrial 8ay +awrence Massachusetts$ 4I %efendant will !roduce the re:uested documents for ins!ection only$ %ue to the confidential andTor commercially sensitive nature of the documents re:uested %efendant will not !ermit !hotoco!ying or dissemination of same without a court order limiting uses of the co!ies to this litigation only and for such s!ecific !ur!oses as authoriFed by the court$ PI %efendant will not !roduce the re:uested documents for ins!ection because the documents are sub<ect to the attorneyUclient !rivilege and are therefore beyond the sco!e of discovery as set forth in Mass$R$)iv$P$ &PGbI$ 1I %efendant will not !roduce the re:uested documents for ins!ection because the documents contain attorney work !roduct and are therefore beyond the sco!e of discovery as set forth in Mass$R$)iv$P$ &PGbI$ 2I %efendant will not !roduce the re:uested documents for ins!ection because they were !re!ared in antici!ation of litigation and Plaintiff has not shown substantial need of the materials in the !re!aration of its case and that it is unable without undue hardshi! to obtain the substantial e:uivalent of the materials by other means$ HI %efendant will not !roduce the re:uested documents for ins!ection because they were !re!ared in antici!ation of litigation by an ex!ert who is not ex!ected to testify and Plaintiff has made no showing of exce!tional circumstances$ #3I %efendant will not !roduce the re:uested documents for ins!ection because they are irrelevant to the !ending action and beyond the sco!e of !ermissible discovery as set forth in Mass$R$)iv$P$ &PGbI$ ##I %efendant will not !roduce the re:uested documents for ins!ection because the re:uest is vague uncertain and confusing as a conse:uence of which %efendant is unable to formulate a res!onse and communicate to its em!loyees any uniform criteria for the !roduction of the re:uested information$ #&I %efendant will not !roduce the re:uested documents for ins!ection for the reason that the re:uest is overly broad as re:uesting Mall documentsN having Manything to do with the sub<ect of the !ending litigation$N #(I %efendant will not !roduce the re:uested documents for ins!ection because the re:uest is vague uncertain and confusing$ 8ithout waiving this ob<ection %efendant is unaware of the existence of such documents$
%efendant AAAAAAAAAAAAAAAAAAAAAAAAAAAAAA $ O%efendant;s NameS
7y Its /ttorneys AAAAAAAAAAAAAAA O+aw Cirm;s NameS 7y" AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA O-ignature of /ttorneyS AAAAAAAAAAAAAAAAAAAAAAAAAAAAAA O/ttorney;s NameS 77? No$ AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA O/ddressS AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA O0ele!hone NumberS
%ated" AAAAAAAA 0hese are s!ecific to M/ but you can change them around to fit your case and state ho!e that they hel! you guys$
#'3 05-23-2008, 10:23 AM
admin
6oin %ate" /!r &33& +ocation" -cottsdale /9 Posts" &3 2(& Pro!d
0ere is another )e:!est for Prod!"tion of Do"!ments# PR?%U)0I?N ?C %?)UM=N0- Crom %efendant to Plaintiff #$ 0he alleged credit a!!lication from /ccount Numbers G6%7 /cctXI and G?) /cct XI bearing the defendantKs signatureQ &$ 0he alleged credit agreement from /ccount Numbers G6%7 /cctXI and G?) /cct XI that states interest rate grace !eriod terms of re!ayment et ceteraQ ($ ItemiFed statements or credit card statements from /ccount Numbers G6%7 /cctXI and G?) /cct XI that demonstrate how the alleged amount of V444&$H& was calculatedQ
*$ / contract agreement assignment or other means demonstrating that 8ellington /c:uisitions +P had the authority and ca!acity and was legally entitled to collect on the alleged debt from /ccount Number G?) /cct XIQ 4$ +etterGsI sent to defendant by 8ellington /c:uisitions +P demonstrating an attem!t to collect on the alleged debt /ccount Numbers G6%7 /cctXI and G?) /cct XIQ P$ / notariFed statement if !resently existing or otherwise by a !erson with original knowledge of the alleged debt as it was constituted and who can testify or be so interrogated in a de!osition that the alleged debt was incurred legallyQ 1$ /ny and all further documents that you believe establish that !laintiff had an outstanding account or debt related to /ccount Numbers G6%7 /cctXI and G?) /cct XIQ 2$ /ny further documentation beyond what has been !reviously re:uested that clearly establishes defendantKs liability andTor res!onsibility to the alleged debtQ H$ /ny and all written communication received by the !laintiff andTor !laintiffKs attorney from the defendant regarding the re!orting of the alleged account to any credit re!orting agency as well as !laintiffKs andTor !laintiffKs attorney accessing of defendantKs credit re!ortGsI$ #3$ /ny and all communications from !laintiff andTor !laintiffKs attorney to the defendant ex!laining why !laintiff andTor !laintiffKs attorney may have re!orted the alleged debt to any credit re!orting agency as well as obtaining defendantKs credit re!ortGsIQ ##$ /ny and all credit re!ortGsI !laintiff andTor !laintiffKs attorney obtained from any credit re!orting agency concerning the defendantQ #&$ /ny and all notes memoranda or likewise be they handwritten com!uteriFed or ty!ed regularly ke!t in the normal transaction and business of collecting debts that relate to the defendant andTor /ccount Numbers G6%7 /cctXI and G?) /cct XIQ #($ 0he !laintiffKs /rticles of Incor!orationQ

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6oin %ate" /!r &33&

+ocation" -cottsdale /9 Posts" &3 2(& Pro!d

U-= /0 >?UR P=RI+@

6oin %ate" /!r &33& +ocation" -cottsdale /9 Posts" &3 2(&

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0his is excellent" htt!"TTwww$altria$comTmediaT3(A3PA3#A3#A+awsuit$as!

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6oin %ate" Mar &334 +ocation" Northern )alifornia Posts" H3P

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LLLLLLLL-/MP+= C=%=R/+ )?MP+/IN05555555

%ebt settlement letter

6oin %ate" /!r &33& +ocation" -cottsdale /9 Posts" &3 2(&

433 !osts and hasn;t been banned yet$$$$ 3000+ Posts

6oin %ate" /!r &33* +ocation" N>Posts" * 1*2

)/)B ?C )?+?R/%? ++) ++)$ Plaintiff Bs$ xxxxxxxxxxxxxxxx %efendant

%/0=%" November #H &33P

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA AAAAAAAAAAAAAAAAAA +egal information is not legal advice$

Reco%ering Attorney Biew Public Profile

.uest Sample Motion to Compel Prod!"tion of Do"!ments

0he Plaintiff 7y its attorneys AAAAAAAAAAAAAAA O-ignature of /ttorneyS

.uest )esponse to Prod!"tion of Do"!ments

SAMPL' D'F'&DA&$8S )'SPO&S' $O PLA%&$%FF8S )'96'S$ FO) $0' P)OD6C$%O& OF DOC6M'&$S

%efendant AAAAAAAAAAAAAAAAAAAAAAAAAAAAAA $ O%efendant;s NameS

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