and prays for Dismissal of the complaint by the Plaintiff.ĭefendant's Request submitted this _ day, of _ 20_Ĭomes now the Defendant, XXXXXXX, and files this REPLY AND OPPOSITION TO PLANTIFF’S MOTION FOR SUMMARY JUDGEMENT in response to Motion For Summary Judgment And Supplement filed herein by Plaintiff,, Inc., as follows:ġ. WHEREFORE, Defendant, Josephine Debtor, respectfully submits that the Court should dismiss the deny the Plaintiff's complaint, filed herein Palisades Collections, Inc. The Plaintiff has failed to provide any proof of a relationship between themselves and the alleged original creditor, specifically the authority of the Plaintiff to collect the debt on behalf of the original creditor. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff’s debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.ĥ. 29, 2002) – Information relating to the purchase of a bad debt is not proprietary or burdensome. Plaintiff has failed to provide a detailed list of the debts to the Defendant in the initial debt collection notice as require by the FDCPA and as evidence by case law. 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.Ĥ. Defendant answered the complaint on or about December 28, 2005.ģ. Defendant received the Plaintiff's Complaint on or about December 1, 2005. The complaint does not set forth the True facts upon which Plaintiff seeks a summary judgment. The Causes of Action specified in the complaint filed by the Plaintiff is insufficient as a matter of law. Comes now the Defendant Josephine Debtor, and files this Request for Dismissal of Complaint, as follows:ġ.
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