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Plaintiff
v. Case No.
name
Defendant
The aggrieved Defendant name now ask this honorable court to dismiss for lack
of jurisdiction. The defendant has twice sent letters to Plaintiff name requesting
validation pursuant to the Fair Debt Collection Practices act and never received a
response. (See copies of letters, exhibit A and B)To pursue this matter without first
establishing the validation of the debt constitutes a violation of the Fair Debt Collection
answered the attorney letter to him demanding validation prior to commencement of any
suit in compliance to the Fair Debt Collection Act Provisions. Instead aggrieved
Aggrieved defendant also demands a copy of the agreement with his signature,
the original of which is to be presented at trial to establish that there existed such an
agreement. Aggrieved defendant also requests a subpoena for one person who signed the
affidavit to appear at trial and be cross examined on his personal knowledge of the
alleged debt, etc. or moves that his affidavit be stricken from the record.
Consequently the aggrieved defendant files a countersuit for those violations and
asks the court of triple damages for further violation of the Massachusetts Consumer
Protection act, Chapter 93 (A) and the Fair Debt Collection Practices Act with this
premature suit.
The aggrieved defendant’s counter claim is against both attorney and National
Credit Adjusters, LLC separately and individually for damages each equal to triple as
allowed by law for a total of $40,957.20 each for violations with two counts for National
Respectfully submitted,
Defendant
Address
Proof of Service
I have submitted a copy of this answer to the complaint by mail to the Plaintiff’s attorney
on October,_______, 2008.
Defendant