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Motion to Dismiss Template - DOC

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Motion to Dismiss Template - DOC Powered By Docstoc
					 1   (Your name here)
     (Your address here)

 2   In propria persona


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         IN THE (courts name here) COURT OF THE STATE OF (your state name here)
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                      IN AND FOR THE COUNTY OF (county the court is in here)
 5    (Plaintiffs name here),                                  Case Number # (case number here)

 6                     Plaintiff,                              Motion for Reconsideration for
                                                               Defendants’ Motion to Dismiss for
             v.                                                Failure of Plaintiffs’ Attorney to
 7                                                             Properly Validate the Transfer of
      (Your name here),                                        the Debt Pursuant to 15 USC
 8                                                             1692g
                       Defendant.                              (With Prejudice)
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             Now comes, (your name here), acting in propria persona does hereby request
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     reconsideration of Defendants’ Motion to Dismiss Plaintiffs Complaint for failure of Plaintiffs

11   attorney (plaintiff attorneys name here) to provide validation;


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13           1. Defendant has right to make written attempt to correspond with (plaintiff attorneys
                  name here) requesting validation of the transfer of the account to (plaintiff attorneys
14                name here) pursuant to 15 USC 1692g, (a), (1), (2), (3), (4), (5).

15           2. Defendant states that they have right to request validation for the transfer of this
                  debt with (plaintiff attorneys name here) by way of certified return receipt with the
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                  U.S. Postal Service.
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             3. Defendant states that they have right to wait the allowed time for validation pursuant
18                to 15 USC 1692g, (a), (1), (2), (3), (4), (5). Defendant has right to mail out a Notice
                  of Violation of 15 USC 1692g, (a), (1), (2), (3), (4), (5) and assume that the transfer
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                  of the debt was invalid due to (plaintiff attorneys name here) failure to provide
20                validation of the transfer.

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 1   4. Defendant was more then willing to work with (plaintiff attorneys name here)
        provided the transfer was valid. Defendant states that there has never been a refusal
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        to pay any debt owed.
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     6. Defendant states that they have right to rely on the Fair Debt Collection Practices
 4      Act to protect him from the abusive practices of those in the business of collection

 5      of a debt, therefore giving him right to request validation of the transfer. Baker v.

 6      G.C. Services Corp., C.A.9 (Or.) 1982, 677 F.2d 775

 7   7. Defendant states that they have a right to file a complaint with the State Bar, the
        Federal Trade Commission and further has right to file complaint in U.S. District
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        Court for (plaintiff attorneys name here) violation of 15 USC 1692g, (a), (1), (2),
 9      (3), (4), (5).

10   8. Defendant had right to request a simple validation of the transfer of the debt and in
        no way did this warrant legal action.
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     9. Defendant has right to believe that (plaintiff attorneys name here) has filed this
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        complaint with unclean hands, therefore wasting the courts time and resources.
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        Wherefore, Defendant respectfully requests due to (plaintiff attorneys name here)
14   unreasonable behavior that this motion for reconsideration of Plaintiffs’ Complaint to
     be dismissed is granted.
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     DATED THIS ____ day of February, 2011.
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                                                    By:
19                                                        In Propria Persona

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 2   Original of the foregoing delivered this ___ day of March, 2011 to:
     (Court address here)
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     COPY of the foregoing delivered this ___ day of February, 2011 to:
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     (Plaintiffs attorneys name here)
     Attorney for Plaintiff (Plaintiffs name here)
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DOCUMENT INFO
Description: Motion to Dismiss Template document sample