Palisades Collection ripoff Civil suit filed against me for a debt that I don't know anything about Englewood Cliffs New Jersey

Tom: thank you so much for your timely and intelligent response. I'm going to file a Motion to Dismiss and then cross my fingers. Thanks again. I'm sure that you're information will help more than just me!

Tom: thank you so much for your timely and intelligent response. I'm going to file a Motion to Dismiss and then cross my fingers. Thanks again. I'm sure that you're information will help more than just me!

Tom: thank you so much for your timely and intelligent response. I'm going to file a Motion to Dismiss and then cross my fingers. Thanks again. I'm sure that you're information will help more than just me!

Thanks for the sample pleading, Tom. I've been loooking for something I could copy/paste into a Word Document to have in case one of these bottom feeding moron companies pulled this kind of crap on me. I think this would be a handy little template to keep. Good info, and I would suggest others reading this post copy it and keep it handy.

Kim,once you're served,you have to send an answer to the court and to the plaintiff within a specified time.

If you're sure that this is not your account and not your debt,this is how you respond:
____________


Motion to Dismiss

DATE

COURT NAME AND ADDRESS

CASE NUMBER

PLAINTIFF'S NAME AND ADDRESS
V.
DEFENDANT'S NAME AND ADDRESS

I hereby motion for this matter to be dismissed for the following reasons:


1)I hereby disclaim any interest in this matter.
2)I have never had any type of account,agreement or relationship with the plaintiff.
3)I do not owe the plaintiff any money or anything else.
4)I have absolutely no obligation whatsoever to the plaintiff.
5)The plaintiff has no rights,no interest and no standing in any matter related to me.
6)I am denying their claim and all of their allegations.
7)The plaintiff's claim is baseless,frivolous and completely without merit.
8)The plaintiff has not stated a cause of action.
9)The plaintiff has not presented a proper bill of complaint.
10)The plaintiff has not stated a claim on which relief can be granted.
11)The plaintiff has failed to assign specific breaches for which the action is brought.
12)The plaintiff has failed to produce a copy of a contract,written agreement or other proof of agreement.
13)The plaintiff has failed to show reasonable cause to bring action.
14)The plaintiff has failed to establish the making of any agreement,the substance of the terms of any agreement,any consideration or any breach by the defendant.
15)The plaintiff has failed to establish an accrual date for anything.
16)The plaintiff has never sent a proper formal final demand.

Therefore,I respectfully request that this case be dismissed with prejudice.


Sincerely,DEFENDANT'S NAME
Pro Se

DEFENDANT'S SIGNATURE.


Copy sent to: Palisades Collection
Care of : PLAINTIFF'S ATTORNEY
PLAINTIFF'S ATTORNEY'S ADDRESS
PLAINTIFF'S ATTORNEY'S PHONE AND FAX NUMBER.

Copy sent by fax and by certified mail:DATE
Certified mail number: NUMBER

___________

Then you send a copy to the plaintiff's attorneys by fax and by certified mail with a return receipt requested.Do this two times just to be sure they get it.

Then you go to the court and give a copy to the clerk,who will time stamp and certify your motion and give you a copy.

Then,the plaintiff will either agree to dismiss or they will oppose your motion to dismiss.

If they agree they will send a notice to the court,saying that they want or agree to a dismissal. Go to the court hearing date to be sure the dismissal is officially entered.

If they oppose your motion,they will have to send you a response addressing all of the points that you made.

At the first hearing a judge will decide if the case should be dismissed or it should continue.

If he orders it to continue,he should order the plaintiff to answer to all of the issues you have raised in your motion to dismiss.Usually he will order a "More Definite Statement" (Sometimes called a "Bill of Particulars").

If your are not sure if you owe anything you should file a motion for a "More Definite Statement" instead of the "Motion to Dismiss".

A motion for a "More Definite Statement" means that you are saying that you can not answer to the plaintiff's complaint because you do not know exactly why they are suing you and you need to have them give you a better explanation.This is considered a responsive pleading.

If they give you an inadequate "More Definite Statement",motion to have it stricken as unresponsive. Don't be afraid to reject anything that you find to be incomplete or insufficient. In your motion to strike specify the deficiencies you want corrected.

Once you have an acceptable complaint, then you can answer to the charges in the complaint.

Be sure to go to every court date or the plaintiff will request and they will be granted a "Default Judgment". If they don't show up,you can request a dismissal by saying "I motion to dismiss due to the plaintiff not appearing". If you can not make an upcoming court date motion for a continuance and give the reason.

The best source of information for you is the law library at the courthouse. Check out (1) Texas codes, laws and statutes. (2)Texas rules of civil procedure. (3)Black's law dictionary.

Also check out all of the other collection agency posts. They all operate exactly the same way.