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Filing motions (to dismiss and/or to strike) in NYC


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I am being sued by Midland. I was never served and I want to file a motion to dismiss on that basis. How do I go about doing that? I wasn't able to find anything useful online. Is it just a form you fill out at the courthouse or is it something you have to draft full of legalese?

Midland also provided me with proof of debt which includes an affidavit of sale from OC, a bill of sale and some billing statements. It's pretty clear that the card was mine (there's my name and address on statements) and payments were made. However, the affidavit doesn't mention my account, just a pool of accounts sold off. I understand that I can file a motion to strike it. Again, what's the procedure here? Can I file the 2 motions at the same time?

Not sure what to do about the bill of sale. It doesn't list my account, just a pool of accounts, but here's what it says:

"....hereby assigns effective as of the file creation date.....all rights, title and interest of seller in and to those certain receivables, judgments or evidences of debt described in Exhibit 1 attached hereto and made part hereof for all purposes.

Number of Accounts

Total Unpaid Balances

Premium

Due Seller"

Is Exhibit 1 supposed to be my billing statements, or is it just a list that has number of accounts, total balances, etc, that I wasn't given? Do I have a chance at anything here?

Thanks all!

"....hereby assigns effective as of file creation date.....all rights, title and interest of Seller in and to those certain receivables, judgments or evidences of debt described in Exhibit 1 attached hereto and made part hereof for all purposes.

Number of accounts

Total unpaid balances

Premium

Due Sel

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