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shr1125

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  1. Good points, all. However, my response to their complaint has been filed and what's been done (e.g., implications of the Attorney for the Plaintiff intentionally misleading the court) has been done. I will look into the Wyoming Twombly/Iqbal issue in the state of Wyoming. I received their response to my response to their complaint today. Included was NOT an amended complaint but only a notice saying, to paraphrase, "you can't just respond to a complaint; according to WRCP 56 you have to file affidavits and stuff that prove that this is a matter for trial," an affidavit from someone that works for Capital One Services, LLC as a Litigation Support Representative, a copy of my nonexistent military service records (I've never served in the military), and copies of alleged credit card bills. My plan now is to investigate the affidavit they supplied and look for weaknesses. Also, I've moved out of state for my wife's work. While I can't imagine that means anything, what does it do to my defense, if anything other than I have to do everything by mail? Thanks - SHR
  2. I'm not sure if it's best for me to file a MTD or simply file an Answer and continue on with Discovery. This is a draft of the MTD I have put together. I realize that the format is a bit off, but that's simply because I copied/pasted from a Microsoft word document. While I recognize that filing a MTD may allow the Plaintiff to amend their complaint and, essentially, start the whole process over again, the process would move forward regardless. If I simply answered their complaint and began the discovery process, all of the same arguments would come up: validity of documentation, of affidavits, etc. Filing this MTD, especially to a Judge that requires the attorney's in his courtroom to be prepared, may be a good way to 'nip' the whole thing in the bud. There is one section that references "SEE DOCKET NUMBERS;" this is where I intend to include other Docket Numbers in which the Attorney for the Plaintiff has failed to state a claim. In my MTD, I intend to show that the Attorney for the Plaintiff has a history of misleading the Court. Hopefully, that may sway the Judge towards my side of the argument. Thanks for the review; I appreciate any thoughts. Again, THIS HAS NOT BEEN FILED. SHR DATE ME, defendant Circuit Court of the Second Judicial District Albany County, WY CAPITAL ONE BANK (USA), N.A. Civil Action No. BLAH PLAINTIFF vs. ME DEFENDANT Motion to dismiss, presenting defenses of failure to state a claim under WY R.C.P. 12((6). The Defendant moves the court as follows: (1) To dismiss the action with prejudice because the complaint fails to state a claim against the defendant upon which relief can be granted. Signed Defendant Address Notice of Motion CERTIFICATE OF SERVICE BY REGULAR MAIL I, ME, do hereby certify that a true and exact copy of the foregoing Motion to Dismiss was served to Edmonds & Russell, PC, Attorney For Plaintiff by United States Mail, postage prepaid, addressed as follows to Rocky L. Edmonds PO Box 1898 Cheyenne, WY 82003 From ME Attorney for Plaintiff, pro per Please take notice that the undersigned will bring the above motion on for hearing before this court on the ____________ day of _______ at __________ of that day or as soon thereafter as counsel can be heard. Signed:_________________________________________ Defendant Memorandum in Support of Motion to Dismiss ME Attorney for Defendant, pro per Introductory Statement The Complaint filed by the Plaintiff makes several allegations. Among those allegations are (1) that the Defendant entered into an agreement with the Plaintiff (some copied papers are included with the complaint and referenced as Exhibit A) and that (2) Defendant defaulted on that agreement. Plaintiff then demands judgment against the Defendant based upon these allegations. In the opinion presented here, the argument is presented that Plaintiff has failed to state a claim upon which relief can be sought, that if the Defendant, representing himself pro per was able to research this issue in less than 48 hours, the licensed, professional Attorney for the Plaintiff should know this, and lastly, that the inability to state a claim in his filed Complaints is a pattern of the Attorney for the Plaintiff. In Bell Atlantic Corportation v. Twombly[1], the Supreme Court of the United States held that ‘stating a claim requires a complaint with enough factual matter [emphasis mine] (taken as true) to suggest an agreement was made’ and that a ‘plaintiff’s obligation to provide the grounds of his entitle[ment] to relief requires more than labels and conclusions, and a formulaic recitation of a cause of action’s elements will not do. Factual obligations must be enough to raise a right to relieve above the speculative level on the assumption that all of the complaint’s allegations are true… tating a claim requires a complaint with…factual matter.’ The Plaintiff here has provided no factual matter in their complaint. It is not difficult for a Plaintiff to state a claim properly. Rule 8(a) of the Rules of Civil Procedure requires a Plaintiff to provide in their complaint a “short and plain statement” that shows “that the pleader is entitled to relief[2]. Given the relaxed standard of a “short and plain statement,” Rule 8(a) still requires a claim to be stated and, if one is not, a defendant can move under Rule 12((6) to dismiss the complaint for failing “to state a claim under which relief can be granted.” Second, the defendant can rely on a lesser-known rule, Rule 12(e), and file a motion seeking a “more definite statement.” Here, Plaintiff has filed a complaint with a “short and plain statement;” however, the allegations therein are at least not as ambiguous so as to not provide the Defendant the understanding of the basis for their Complaint. Unfortunately, for the Plaintiff, their complaint has not met the standard of a “complaint” outlined in Twombly, or Ashcroft v. Iqbal[3]. The complaint contained no factual matter but only concluded a formulaic recitation of a cause of action’s elements. Stating a claim requires factual matter[4] and none was provided. The Attorney for the Plaintiff appears rarely able to state a claim upon which relief which can be sought. Attorney for the Plaintiff has a history of not stating a claim against the Defendant upon which relief can be granted. Indeed, research with the Circuit Court of the Second Judicial district has provided the Attorney for the Defendant (pro per) with several Docket Numbers in which complaints were presented with no factual matter[5]. These docket numbers are only a small sampling of the complaints that have been filed by the Attorney for the Plaintiff. SEE DOCKET NUMBERS XXXXXXXXX This implies either a lack of understanding or a willful intent to file as many complaints as possible so as to generate as high a number of summary judgments against defendants as possible. (Indeed, discussions with Deb (no known last name)[6] suggest that complaints filed by the Attorney for the Plaintiff are rarely contested and result in anything but a summary judgment against the Defendant.) Procedural History Defendant received the Plaintiff's Summons on 3/14/2014. Defendant answered the request on DATE. Attached to the Complaint were an alleged ‘Agreement’ and other alleged ‘documentation’ from Edmonds & Russell, P.C., a debt collector with business offices in Cheyenne, Wyoming and Fort Collins, Colorado. Edmonds & Russell, P.C. does not appear on the list of Licensed Collection Agencies in Wyoming[7] or Coloardo[ Statement of Material Facts Defendant submits this Statement of Material Facts in support of his Motion to Dismiss with Prejudice. 1. Lawyers in Wyoming are required to bring a proceeding only when there is a basis in law and fact.[9] Advocates have a duty to not abuse legal procedure[10] and the legal action is considered frivolous ‘if the lawyer is unable to make a good faith [sic] argument on the merits of the action taken.’[11] Had the Plaintiff and Attorney for the Plaintiff truly been willing to expedite this litigation, why include such limiting ‘documentation’ in their complaint? If this complaint is not an attempt to seek summary judgment through default of Defendant, why would any Plaintiff not provide their most damning evidence along with the filing of the complaint? As shown in points 2 through 4 below, Plaintiff has not made an attempt at expediting litigation as they are bound to do.[12] 2. There is no mention in Exhibit “A” of the complaint that discusses alleged principal, alleged interest rate, alleged other costs, or the actions that allegedly cause default. As a result, from the filing of the complaint, the Plaintiff and Attorney for the Plaintiff have willfully deceived the Court. 3. Plaintiff presented no factual matter in their complaint that Defendant allegedly agreed to the agreement presented in Exhibit A. 4. Plaintiff presented no factual matter in their complaint as to the alleged interest rate or alleged terms of default in the agreement in Exhibit A. 5. Plaintiff has presented no factual matter in their complaint as to who the real and true Plaintiff is in this matter. Debt buyers have been known to purchase ‘bad debt’ and sue alleged debtors in the Original Creditor’s name in a willful attempt to deceive other parties. The intent of the majority of these lawsuits is to receive summary judgments against Defendants that either ignore or choose not to answer or contest the complaint.[13],[14] 6. Documents attached to the summons and complaint could have been easily produced on any word processing program and with an internet connection. In fact, Defendant has produced documentation identical to that attached to the complaint that implies that The Honorable Judge Robert A. Castor owes the Defendant $2128.39. Legal Arguments 1. Summary judgments in Wyoming are governed by Wyoming Rules of Civil Procedure 56©: The judgment sought shall be rendered forthwith if … there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. 2. The Supreme Court of the United States has held that ‘stating a claim requires a complaint with…factual matter.[15]’ The assumption, then, that the complaints presented by the Plaintiff are true cannot be made. Conclusion For the above stated reasons, the Court should dismiss Plaintiffs’ complaint under the Wyoming Rules of Civil Procedure 12((6). Dated: March 28, 2014 Respectfully submitted, ME Attorney, pro per ITEMIZATION CONTINUED SINGLE ACCOUNT: CASTOR, ROBERT A MARCH 17, 2014 DESK: SHR ------------------------------------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT #: 70413 CLIENT DEBTOR #: 4862362678896690 DESK: SHR OUR CLIENT NAME: NAN CAPITAL ONE FOR: CAPITAL ONE INTEREST AT: 0% FROM DATE OF REFERRAL DATE OF RREFERRAL: 01/06/14 DATE OF SERVICE: 07/25/06 DATE OF LAST PMT: 11/27/12 AMOUNT REFERRED: $ 2128.39 PRINCIPAL BALANCE: $ 0.00 ACCUMULATED INTEREST: $ 0.00 OTHER CHARGES: $ 0.00 COURT COSTS: $ 0.00 ATTORNEY FEES: $ 0.00 OTHER: $ 0.00 INTEREST: $ 0.00 ACC’T BAL: $ 2128.39 PAYMENT TRANSACTION HISTORY TYPE DATE PAYMENT AMOUNT PAID ON PRINCIPAL PAID ON INTEREST PAID ON OTHER CHGS PAID ON COURT COSTS PAID ON ATTY FEES PAID ON OTHER -------------------------------------------------------------------------------------------------------------------------------------------- * NO PAYMENTS THIS ACCOUNT * GRAND TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL DUE ON ALL ACCOUNTS 2128.39 TOTAL INTEREST PAID FOR 2013 0.00 TOTAL INTEREST PAID TO DATE FOR 2014 0.00 [1] Bell Atlantic Corp. v Twombly, 550 U.S. 1 (2007) [2] Federal Rule 8(a) applies to all “pleading that state a claim for relief,” including an original claim [a complaint]. Likewise, Rule 12(e) applies to all “pleading to which a responsive pleading is allowed.” [3] Ashcroft v. Iqbal, 555 U.S. 1 (2009) [4] Bell Atlantic Corp. v. Twombly, 550 U.S. 1 (2007) [5] Deb (last name unknown), Clerk, Circuit Court of the Second Judicial District, personal communication, 3/17/14. [6] Id. [7] Wyoming Division of Banking, Collection Agency Board, https://docs.google.com/a/wyo.gov/viewer?a=v&pid=sites&srcid=d3lvLmdvdnxiYW5raW5nfGd4OjRlMzczYTA0NTIzM2E5Y2Y, accessed 3/16/14 [ Colorado Attorney General’s Office, Collection Agencies License Information, https://www.coloradoattorneygeneral.gov/sites/default/files/uploads/cab/CabReport.pdf, accessed 3/16/14 [9] Wyoming Rules of Professional Conduct for Attorneys at Law Rule 3.1 [10] Id. [11] Id. [12] Wyoming Rules of Professional Conduct for Attorneys at Law Rule 3.2. The comment associated with Rule 3.2 state that ‘dilatory practices bring the administration of justice into disrepute.’ Given that Attorneys at Law in the State of Wyoming are bound by Wyoming Rules of Professional Conduct for Attorneys at Law, it stands to reason that any attorney would ‘come out swinging’ in attempt to produce documentation and evidence such that Defendant and Attorney for Defendant has a limited ability to defend themselves with the level of evidence provided. [13] Holland, Peter A. 2012. Defending junk-debt-buyer-lawsuits. Clearinghouse Review Journal of Poverty Law and Policy, 3:12-24. [14] Silver-Greenberg, J., and E. Wyatt. 2013. U.S. vows to battle abusive debt collectors. New York Times July 10, 2013. http://dealbook.nytimes.com/2013/07/10/u-s-vows-to-battle-abusive-debt-collectors/?_php=true&_type=blogs&_r=0 accessed 3/17/14 [15] Bell Atlantic Corp. v. Twombly, 550 U.S. 1 (2007)
  3. Yes, thanks. I had found this one as well. Alloway appealed a summary-judgment ruling against them by a lower court on the grounds that the business documents should have been excluded under the hearsay rule. Unfortunately for them, the affidavits were considered credible by the lower court. The ruling was upheld.
  4. Done. The alleged account appears to have been opened in 2006 @Credator suggested that I conduct some research into other cases that this Plaintiff/Attorney for Plaintiff had filed in to get an idea of how others have fought and won. Unfortunately, Wyoming is so 'behind the times' (the words of the Circuit Court Clerk) that cases are not easily searchable (they have, however, been indexed). I've sent an email to the Wyoming Ciricuit Court Administrator asking how I research cases. The Clerk did tell me that the Attorney for the Plaintiff is responsible for thousands of filings each year in her office (the city in which I live is a 'college town'). Most result in summary judgments against the Defendants because they choose not to show up or otherwise contest the Complaint. She doesn't recall any Defendants that have chosen to actually defend their lawsuits. I've already learned quite a bit here; I look forward to learning more. SHR
  5. 1. Who is the named plaintiff in the suit? Capital One Bank (USA) N.A. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Edmonds & Russell, P.C. 3. How much are you being sued for? $2000.00 4. Who is the original creditor? (if not the Plaintiff) PLAINTIFF 5. How do you know you are being sued? (You were served, right?) I was legally served in person. 6. How were you served? (Mail, In person, Notice on door) See above. 7. Was the service legal as required by your state? The process server knocked, asked for me (no last name), handed me some papers, and walked off. This appears to be a legal service; however, she did not ask my last name but did hand the documents to someone at my address >18 years old. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I received one notice that unfortunately got shuffled to the bottom of my 'to do' pile. 9. What state and county do you live in? Wyoming, Albany 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) November 2012 11. What is the SOL on the debt? Undetermined as yet. I don't know if SOL is derived from the state in which it was opened or the date of last usage. 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Complaint filed. No motions or response to complaint filed as of 3/17/14. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? "20 days after service" I did not receive an iterrogatory. They are claiming default. See post #4 in this thread for exact language of Complaint. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Included in the complaint were: 1. An account itemization that includes date of referral, date of service, date of last payment, amount referred, etc. [i could easily recreate this document in MS Word or other word-processing program. This is sent from collection agency that Attorney For Plaintiff owns and includes the "Federal law requires we inform you that this is an attempt by a debt collector to collect a debt.] 2. A poorly-made copy of the Capital One Customer Agreement, referenced in the Complaint as 'Exhibit A'. 3. The last page is a document that says "The TOTAL appearing on your complaint DOES NOT include the COSTS OF SERVICE for which you are responsible. For the correct balance and any information regarding your case, please call [number] MAIL PAYMENT TO: [address of Debt Collection Agency in Colorado] (please put your CASE NUMBER on your check or money order)" Thanks for your time and assistance. SHR
  6. An interesting review of Rule 12(b )(6) vs. Rule 12(e), Motion to Dismiss and Motion for a More Definite Statement, respectively. http://www.law360.com/articles/424046/rule-12-e-what-is-it-good-for-absolutely-nothing
  7. It does, and I can. I presume that I would file a Motion for More Definite Statement prior to filing an answer to their complaint, however, in my naivete in all things litigatorial, I am unsure. As a result, do I wait to file a Motion for More Definite Statement until after receiving their more definite statement? Further, can a Discovery motion with interrogatories and document requests be made before I have submitted my answers to their complaints? In other words, I'm asking about timeline. Can it be 1. Motion for More Definite Statement and then, upon response 2. Motion for Discovery and then, upon response, 3. Answer or does an answer have to come before a Discovery request? Thanks, SR
  8. Fair enough. Below is the full complaint: [beginning of complaint] In the circuit court of the second judicial district of and for Albany County, Wyoming Capital One Bank (USA) N.A., Plaintiff vs. me, Defendant Complaint: COMES NOW the above named Plaintiff, by and through its attorney, and for a cause of action against the above named Defendant, alleges and states: 1. Plaintiff is a national corporation doing business in the State of Wyoming. 2. Defendant, is a resident of the city of ______, County of Albany, state of Wyoming and venue properly arises therein. 3. That the Defendant entered into an agreement, a copy of which is annexed hereto as Exhibit "A" and incorporated by reference. 4. That the aforedescribed agreement establishes an interest rate in the amount of 0% per year. 5. That the Defendant defaulted under the terms of the agreement and there is now presently due and owing the principal sum of $$$$$$ together with interest in the amount of $0.00, other costs in the amount of $0.00, and filing and service fees. 6. That under the terms of the aforedescribed agreement if Defendant defaults, Defendant, agrees to pay all reasonable attorney fees required in the recovery of the defaulted indebtedness, that Defendant defaulted and as a result thereof Plaintiff was required to employ the services of an attorney and reasonable attorney fees will arise thereunder. WHEREFORE, Plaintiff demands judgment against the Defendant in the principal amount of $$$$$$ together with accrued interest, court costs, post judgment interest in the contract amount of 0% per annum and reasonable attorney's fees and service fees. In addition, Plaintiff requests said Judgment include the costs of servicing the Complain and for such other and further relief as the Court may deem proper in the premises. Signed Attorney for Plaintiff [Additional documentation attached to the complaint include:] 1. An account itemization that includes date of referral, date of service, date of last payment, amount referred, etc. [i could easily recreate this document in MS Word or other word-processing program. This is sent from collection agency that Attorney For Plaintiff owns and includes the "Federal law requires we inform you that this is an attempt by a debt collector to collect a debt.] 2. A poorly-made copy of the Capital One Customer Agreement. [in the copy, there is no discussion of what a customer is responsible for if they default.] 3. The last page is a document that says "The TOTAL appearing on your complaint DOES NOT include the COSTS OF SERVICE for which you are responsible. For the correct balance and any information regarding your case, please call [number] MAIL PAYMENT TO: [address of Debt Collection Agency in Colorado] (please put your CASE NUMBER on your check or money order)" [end of complaint] There were no affidavits filed. Wyoming case law does have some previous response to dealing with affidavits presented by employees of a debt buyer: http://caselaw.findlaw.com/wy-supreme-court/1489820.html; however, the Missouri Supreme court has overturned a summary judgement on similar grounds. The primary difference between the two cases (other than WY compared to MO) is that the affidavit in the former was well supported by someone who claimed to have 'bank training' and was there for determined to be a qualified witness while the latter had 'served only as a conduit of the records.' My answer (as yet unfiled) is as follows: [begin answer] Defendant’s Answer to Complaint: Admit in part and Denied in part. Admitted that Capital One Bank is a national corporation.; fenied because Defendant does not know enough about the PLAINTFIFF’s business practices to determine if they ‘conduct business’ in Wyoming. Admitted. Denied. There are no documents attached that are affirmatively listed as EXHIBIT A. Further, PLAINTFF has provided no probative evidence that DEFENDANT entered into an agreement with the PLAINTIFF. DEFENDANT objects to the alleged agreement in Exhibit “A”. Denied. This request calls for admission of matter DEFENDANT has denied and thus it is improper. Denied. This request calls for admission of matter DEFENDANT has denied and thus it is improper. Denied. This request calls for admission of matter DEFENDANT has denied and thus it is improper. FUTHERMORE, DEFENDANT denies every other allegation not previously admitted, denied, or controverted. AFFIRMITIVE DEFENSES PLAINTIFF has failed to state a claim against the DEFENDANT upon which relief can be granted. PLAINTIFF’s complaint and each cause of action therein fails to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted.WHEREFORE, DEFENDANT prays that this Court find judgment for Defendant, deny PLATINTIFF’s request for relief, deny PLAINTIFF’s request for principal, deny PLAINTIFF’s request for interest costs, deny PLAINTIFF’s request for post-judgement interest, deny PLAINTIFF’s request for attorney’s fees, and deny PLAINTIFF’s request for any relief whatsoever. DEFENDANT further prays that this Court hold that Defendant is the prevailing party and dismiss Defendant with prejudice DEFENDANT reserves the right to amend these answers as circumstances require. By the DEFENDANT, pro se. [end answer] Regarding a potential motion to dismiss and 'failure to state a claim': my research has turned up some information in a SCOTUS case, in Bell Atlantic Corp. v. Twombly (http://www.supremecourt.gov/opinions/06pdf/05-1126.pdf) and Ashcroft vs. Iqbal (http://www.supremecourt.gov/opinions/08pdf/07-1015.pdf), SCOTUS held that 'stating a claim requires a complaint with enough factual matter (taken as true) to suggest an agreement was made' and that a 'plaintiff's obligation to provide the grounds of his entitle[ment] to relief requires more than labels and conclusions, and a formulaic recitation of a cause of action's elements will not do. Factual allegations must be enough to raise a right to relief above the speculative level on the assumption that all of the complaint's allegations are true. ...tating a claim requires a complaint with ...factual matter....' In the documentation filed along with the complaint, there are no factual allegations; thus, the assumption that the complaint's allegations are true cannot be made. As a result, I believe that this complaint warrants sustain of a Motion to Dismiss when presented on these grounds. No affidavits have yet were filed by the Attorney. In support of Motion to Dismiss (which is on my home computer and not currently available to me), I generated a Memorandum in Support that detailed issues associated with the exhibits that were attached to the original complaint (including a recreated copy that shows the Plaintiff 'owes' me money), along with citations to the Wyo Rules of Professional Conduct for Attorneys at Law and arguments against dilatories in filing complaints that only cause the legal process to become drawn out (i.e., complaints that are not 'factual allegations'), as well as the SCOTUS cases and opinions referenced above. Continued research will be done with respect to additional affirmative defenses, including research here and elsewhere. This afternoon, I plan on visiting the Clerk's office to do some research into other cases filed by this Attorney on behalf of this Client. Perhaps, in my desire to make this a quick answer to their complaint, I was hasty in my research. I'll take it more slowly than I have been.
  9. Hello all - I discovered this site after doing some research on a summons I received on Saturday morning. The complaint includes much of the boiler-plate information that I've seen on other complaints on this website and others: [Plaintiff is listed as Capital One Bank (USA) N.A. yet on previous debt-collection documents client is listed as NAN Capital One] [i removed the introductory information which appeared to be pretty standard stuff...] 1. Plaintiff [Capital One Bank (USA) N.A.] is a national corporation... 2. Defendant is who we say he is... 3. Defendant entered into an agrement, a copy of which is annexed as Exhibit A... 4. Agreement establishes an interest rate of 0.0% per year 5. Defendant defaulted under the terms and owes principal, interest, other costs... 6. Under the terms of the agreement, if Defendant defaults, Defendant pays all reasonable costs... WHEREFORE, Plaintiff demands judgment against Defendant for principal, and other costs, fees, interest... [i chose to not include all wording because it's pretty standard as far as I can tell.] I've drafted an answer as follows: Defendant’s Answer to Complaint: Admit in part and Denied in part. Admitted that Capital One Bank is a national corporation. Denied because Defendant does not know enough about the PLAINTFIFF’s business practices to determine if they ‘conduct business’ in Wyoming. Admitted. Denied. There are no documents attached that are affirmatively listed as EXHIBIT A. Further, PLAINTFF has provided no probative evidence that DEFENDANT entered into an agreement with the PLAINTIFF. DEFENDANT objects to the alleged agreement in Exhibit “A”. Denied. This request calls for admission of matter DEFENDANT has denied and thus it is improper. Denied. This request calls for admission of matter DEFENDANT has denied and thus it is improper. Denied. This request calls for admission of matter DEFENDANT has denied and thus it is improper. FUTHERMORE, DEFENDANT denies every other allegation not previously admitted, denied, or controverted. AS AND FOR AFFIRMITIVE DEFENSES PLAINTIFF has failed to state a claim against the DEFENDANT upon which relief can be granted. PLAINTIFF has not provided any probative evidence that the alleged debt is valid or the amount of the alleged debt is accurate. The PLAINTIFF must prove that the alleged principal, alleged interest, collection costs, and attorney’s fees are all correct, were agreed to, and lawfully charged. DEFENDANT also insists that the plaintiff present originals or authenticated copies of the contract, all account statements, full payment history, and purchase receipts to prove the amount of the alleged debt. DEBT COLLECTOR [redacted], has not proven that they are authorized and licensed to collect claims for others in the State of Wyoming or solicit the right to collect or receive payment of a claim of another. [redacted] do not appear to be licensed by the State of Wyoming, Division of Banking, Collection Agency Board, as of February 12, 2014 (i.e., date of the Lincensee List on the Division of Banking, Collection Agency Board website). WHEREFORE, DEFENDANT prays that this Court find judgment for Defendant, deny PLATINTIFF’s request for relief, deny PLAINTIFF’s request for principal, deny PLAINTIFF’s request for interest costs, deny PLAINTIFF’s request for post-judgement interest, deny PLAINTIFF’s request for attorney’s fees, and deny PLAINTIFF’s request for any relief whatsoever. DEFENDANT further prays that this Court hold that Defendant is the prevailing party and dismiss Defendant with prejudice DEFENDANT reserves the right to amend these answers as circumstances require. By the DEFENDANT, pro se. I have also drafted a pretty well-written (I think!) and well-cited Motion to Dismiss based upon the failure to state a claim that I would include, but my Google Drive folder failed me at work. Regardless, I'd like to file this answer today and, if possible, the Motion to Dismiss. Could I have your thoughts on the appropriateness of my answer presented here? Thanks - SHR
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