Ok, I've changed it as you guys recomended
How do I submit the green card as exhibit A, and do I need to bring the origional or just the copy, and should I bring my Letter requesting validation too?
And should I include a copy of my driver license which states my heigh as 5'2 weight 100 and a picture of myself which doesn't match the description given by the service member.
Capitol One Bank (USA), N.A.
Plaintiff
VS.
Defendant
Case No. 10-2-******-2SEA
DEFENDANT'S MOTION TO DISMISS
Comes now Defendant, Alexander H Yeh appearing Pro Se and files this Motion to Dismiss with Prejudice against the defendants, Capitol One Bank (USA)N.A.
Relief Requested
Defendant respectfully request an Motion for Dismissal with Prejudice
Statement of Facts
1. 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.
2. The Plaintiff violated the FDCPA in their failure to provide the verification and validition within 30 days as requested by defendant. And have included Exhibit A as copies of two registered mail signature as signed by Plaintiff law firm requesting validation of debt as required under the FDCPA.
3. The Defendant was not served properly, the service member statement stated that the Summon was personally delivered to an Asian Male, 21~25 years of age, 5’8~5’10 and weighing 160~180 lb with black hair, The defendant is an Asian Male, 25 of age, 5’3 and weigh only 95lb with Dyed hairs.
WHEREFORE, Defendant, Defebdabt, respectfully submits that the Court should dismiss and deny the Plaintiff's complaint, filed herein Capitol One Bank, and prays for Dismissal of the complaint by the Plaintiff.
This the 27 day of February, 2010