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Sending in Motion to dismiss, is this format ok?

Date: Tue, 01/26/2010 - 23:45

Submitted by Alexander Yeh
on Tue, 01/26/2010 - 23:45

Posts: 6 Credits: [Donate]

Total Replies: 8


My case is in the Superior Court in King Couty Washington, and the notice hearing have Without Oral argument check, wich when I called the clerk, they tell me that it is not required for me to appear at the hearing, the judge will review the case based on available document.

I am going to file a Motion to dismiss, can someone check to see if this is ok, if not, what can I do to change?

Thank you
IN THE SUPERIOR COURT OF King COUNTY
STATE OF WASHINGTON

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.

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

Defendant, Pro Se



[SIZE=3] [/SIZE]


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.

[FONT=Verdana]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.[/FONT]

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


lrhall41

Submitted by Alexander Yeh on Wed, 01/27/2010 - 20:47

( Posts: 6 | Credits: )


Quote:

Originally Posted by Shazzers
A copy should suffice, I would include everything you have, it will make your case stronger. Send a copy to the plaintiff and the court.



Ok, so that means I have to have three copies
One for the court clerk
One for the Judge
And one for the plaintiff
Do I have to serve the plaintiff or can I just mail it to them?


lrhall41

Submitted by Alexander Yeh on Thu, 01/28/2010 - 12:27

( Posts: 6 | Credits: )