IN THE SUPERIOR COURT OF THE STATE OF <YOUR STATE>
IN AND FOR THE COUNTY OF <YOUR COUNTY>
<Collection Agency> )
Plaintiff ) Case No._____________________
) MOTION FOR DISMISSAL OF
Joseph Consumer ) SUMMARY JUDGMENT
Comes now the Defendant, XXXXXXX, and files this REPLY AND OPPOSITION TO PLANTIFF’S
MOTION FOR SUMMARY JUDGEMENT in response to Motion For Summary Judgment And
Supplement filed herein by Plaintiff, Tulsa Adjustment Bureau, Inc., as follows:
1. The Motion For Summary Judgment filed by the Plaintiff is insufficient as a matter of law.
A party moving for summary judgment has the responsibility of informing the court of the basis
for its motion, and identifying those portions of the pleadings, depositions, 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 responsibility in the Motion for Summary Judgment and
Supplemental Motion filed with the Court. The Motion does not set forth the True facts upon
which Plaintiff seeks a summary judgment. Rather the Motion states only “That there is no
genuine issue as to any material fact and that Plaintiff is entitled to a judgment as a matter of
law with regard to all Counts.” Motion for Summary Judgment should be denied.
2. Defendant received the Plaintiff's Requests for Combined Discovery <Discovery,
Interrogatories, etc> on March 3, 2005. Defendant answered the request on April 15, 2005.
3. Plaintiff claims, by Rule 13, "All material facts in support of Plaintiff's Petition have been
verified by Plaintiff's Affidavit."
This document should be found as inadmissible based on the fact that the affiant does not have
original nor personal knowledge of the account and therefore his testimony is hearsay. A
MOTION TO STRIKE the affidavit has been filed with the Court.
[The appeals court overturned the default summary in Spears vs. Brennan
Court of Appeals, 745 N.E.2d 862; 2001 Ind. App. LEXIS 509; because the collection agency
lawyer did not meet the rules of the FDCPA 15 U.S.C. § 1692g
(b) Validation of Debts.]
4. The Plaintiff has failed to provide any contract or agreement bearing the signature of the
Defendant, nor any itemized statements or billing of said debts.
5. In Plaintiff's Supplement to Motion For Summary Judgment, Plaintiff claims that Defendant
objected to a majority of Interrogatories. Defendant answered the Interrogatories that were
relevant to this lawsuit to the best of Defendant's knowledge. Defendant does not possess the
majority of the documents that would be considered evidence or proof of debt. Defendant
requested in Answer to the Summons and Petition, strict proof of debt. Defendant cannot make a
legitimate defense on claims by the Plaintiff that are incorrect, untrue, and undocumented.
a) Plaintiff's Interrogatory requests regarding previous lawsuits or crimes that
Defendant has been a party to are irrelevant to this lawsuit. Defendant has recently turned 20
years old, is a college student, is employed part time, and has a dependant child. Defendant has
never been charged with a crime nor has been a party to any lawsuit as she just does not have
the time for criminal behavior.
6. Plaintiff has failed to provide a detailed list of the debts to the Defendant in the initial debt
collection notice as require by the FDCPA and as evidence by case law. Coppola v. Arrow
Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) – Information relating
to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their
request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for
plaintiff’s debt, how amount sought was calculated, where in issue a list of reports to credit
bureaus, and documents conferring authority on defendant to collect debt.
WHEREFORE, Defendant, XXXXXXXXXX, respectfully submits that the Court should deny the
Plaintiff's Motion and Supplemental Motion for Summary Judgment, filed herein by Tulsa
Adjustment Bureau, Inc., and prays for Dismissal of the complaint by the Plaintiff for damages of
$1,155.73 and any further relief this court deems just and proper.
Defendant's Reply and Opposition submitted this ___________ day of May, 2005