Motion to dismiss

CREDITWRENCH-THETRUTH

Name: Jerry

Subject: Motion to Dismiss?

Question: QUESTION: Hi,

I did asked for vertification of proof debt (credit card) with Chase Bank, an attorney must be idiot, he sent me the same statements copies of charges by the mail that I asked for strict proof of documents, up to date, he did not do it so I sent 2nd letter to demand more information to force him to dismiss the lawsuit on Jan 7, 2008. Let me know what do you think of this letter I sent to this idiot attorney.

My question, if this attorney do not provide proof before the hearing, should I argue at the court or file an motion to dismiss before court date based on this letter?

By the way, I do think you are doing excellent job helping those people with this stuff. BIG KUDOS TO YOU!

Thank you for your help.

Jerry

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I am the Defendant in the above matter.

I received the few documents from you concerning the above matter; however there seems to be a lapse in dates of documentation; as well as omitted documentation that should have been included.

Please forward to me the following documents:

A Copy of the ORIGINAL signed Chase Bank - Credit Card Application,

A Copy of the COMPLETE Payment History Concerning this Chase Bank Account,

A Copy of each Monthly Statement during the active Months/Years of this Account,

Signed Contracts or Any Agreements between you & Chase Bank that you personally; or you has been assigned to the debt in question. Please include dates of said Agreement/Contract & Signatures of all parties involved in the requested Agreement/Contract,

Sworn Affidavits to the Authenticity of all Documents,

Document Chain of Command, (to include Sworn Affidavits to said documents).

Thank you in advance for your cooperation and attention to this matter.

ANSWER: No, that letter isn't likely to do you any good at all. The reason is that you are asking for that which is provided you through the vehicle of demand for production of documents. That has to be done by sending the plaintiff's attorney a demand for production of documents. How to do this is somewhat outlined in your rules of civil procedure. Attorneys will quite often fail or refuse to do that in which case you have to subpoena the documents you demand. In the event that you are serious enough about your quest you can go so far as to demand electronic discovery of all related information on all of the attorney's electronic devices. That would include all computers and their hard drives, PDAs, cell phones, dictation equipment and any kind of electronic device whatever. As you might imagine the cost of doing so would be prohibitive indeed, usually running well above #10,000 since such searches have to be performed by outside data recovery specialists with legal backgrounds and their findings have to be turned over to the court for it's approval before it can be released to you. Such searches usually start at $10,000 and go up steeply from there so you certainly aren't going to go there unless you are dealing with a case worth millions of dollars. But you can subpoena the information if they refuse to give it after demand for production of documents has been sent to them. Of course, they will object to your subpoena and then you have to get the judge to order it. So you should send your demand for production of documents along with your demand for interrogatories and admissions. These are usually sent all at the same time. You are limited as to the number of interrogatories you can send in all courts. Therefore you will only want to ask a few questions at first then wait to see what comes back before sending more and better ones. That is only one of the reasons why demand for more definitive statements is so important and so valuable. In making your demand for more definitive statements you are not under the discovery rules limiting the number of questions you can ask so you can get most of the questions you might ask via interrogatories answered and will have a much better base upon which to build your demand for interrogatories. Lawyers will often complain about your having filed motion for more definitive statements in lieu of an answer to their complaint and refuse to answer but unless the judge denies your motion for more definitive statements (also known as a bill of particulars) the attorney will have to answer. Most judges will allow that but if they deny then you follow up with demand for bill of particulars. If the judge denies that then you have grounds to appeal that decision as a denial of due process of law. So don't send that as a letter but rather send it as a demand for production of documents. Also I would not include the demand for each monthly statement as you propose to do above. That one can kill your defense. I teach that a better approach is to file suit in federal court for providing false and misleading information to a consumer when they fail or refuse to provide those documents. That makes the cheese a whole lot more binding for them.

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QUESTION: Thank you for your reply, greatly appreciated. It is for $15K credit card debt by collection agency but transferred to an attorney for debt collection, I did challenge it on the answer form stated "no standing relationship between original creditor chase bank to this attorney retained by collection agency "capital investment inc". I can use this defense in the court, up to date, there is no proof of this relationship except the summon papers stated "assignee of chase bank" that is crap of bull. Excuse my language. I look forward to hearing from you about what you think of that?

Thanks.

Answer: I really have no comment about that except that no proof of relationship is not going to get you anywhere in court because the judge knows that the attorney didn't just invent this alleged debt.