Motion to Dismiss, need to send by end of week (Mass), input?

[ppp]

Here is my motion to dismiss, first draft. For background, the summons and complaint contained NO facts or information. Plaintiff (Noforlk Financial) just said "he owed the original creditor", and provided NO documentation just a photocopy of a credit card insert with no names or signatures and asked the magistrate to find for them - probably expecting me not to respond. I have no idea who these people are, and haven't even gotten a dunning notice that I'm aware of (although I confess I may have just circular-filed anything from a year ago).

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Commonwealth of Massachusetts

Plymouth County

Wareham District Court

Civil Action No. **************

Norfolk Financial Corp.,

Plaintiff

Vs.

**********,

Defendant

MOTION FOR DISMISSAL OF COMPLAINT

Comes now the Defendant, **********, and files this REQUEST FOR DISMISSAL OF COMPLAINT, as follows:

1. The Causes of Action specified in the complaint filed by the Plaintiff is insufficient as a matter of law.

The complaint does not set forth the True facts upon which Plaintiff seeks a summary judgment. The complaint should be dismissed.

2. Defendant received the Plaintiff's Summons on August 20, 2007. Defendant answered the request on September 5, 2007.

3. 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.

4. 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.

5. The Plaintiff has failed to provide any proof of a relationship between themselves and the alleged original creditor, specifically the authority of the Plaintiff to collect the debt on behalf of the original creditor.

WHEREFORE, Defendant, ***********, respectfully submits that the Court should dismiss and deny the Plaintiff's complaint, filed herein Norfolk Financial Corp. and prays for Dismissal of the complaint by the Plaintiff.

Defendant's Request submitted this 5th day, of September 2007.

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Does that look ok? I just wanted you guys to vet it before I send it out certified to the plaintiff and the court. The summons says I have to list any counterclaim I may have. Do I need to include a paragraph reserving the right to sue their asses if they persist with this? Have I forgotten anything? I don't think I need to cite any Massachusetts state laws, their claim is without merit and they have provided no proof, and the FCDPA ought to be good enough in this case, but I could be wrong - correct me if I am!

Thanks in advance! I really ought to send this overnight tomorrow or Friday at the latest.

[Recovering Attorney]

did you ask for all this material after you answered? If you are moving against the pleadings without any discovery, your motion will be denied, imo

[ppp]

did you ask for all this material after you answered? If you are moving against the pleadings without any discovery, your motion will be denied, imo

There is no trial date filed, I wasn't aware that we were in "discovery"? There is simply a complaint from the plaintiff asking for insta-judgement. They didn't provide any evidence, just said "hey this guy owes our client some money, find in our favor if you please".

There hasn't been time to ask for anything - the first I heard from them, I had 20 days to file this answer or else be potentially ruled against. Do I have to file other paperwork, or launch into discovery?

I mean, perhaps I'm being naive, but the way I see it they have wandered into court (in a sense) without any documentation or paperwork and said "make this guy give us money" and their whole reason is "because we said so". I thought the appropriate response was to move to dismiss the complaint?

I've been told DV'ing was useless once a motion had been filed, so what is the equivalent? I have to provide an "answer" to the summons/complaint by Monday...

Or am I simply looking to have the magistrate deny their request for an instant judgement, thus dragging this into a trial if they choose to do so? At which point we'd do discovery and if they failed to provide the material (which they will) ... THEN I file for dismissal? If that's the case, how should I "answer" the complaint?