Re: Filing suit while debtor has requested validation

Posted by computerguy (204.180.131.3) on March 08, 2004 at 08:14:12:

In Reply to: Re: Filing suit while debtor has requested validation posted by Why Chat on March 07, 2004 at 22:56:06:

MOTION TO DISMISS WITH PREJUDICE
Now comes Defendant, hereby respectfully moves this court to dismiss Plaintiffs complaint for the reasons stated herein, to wit:
1. Plaintiff's complaint should be dismissed by the court due to there being no standing in law to submit a complaint of this nature on the court.
United States Code 15 Sec. 1692i. - Legal actions by debt collectors
(a) Venue
Any debt collector who brings any legal action on a debt against any consumer shall -
(1)
in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or
(2)
in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity -
(A)
in which such consumer signed the contract sued upon; or
(B)
in which such consumer resides at the commencement of the action.
(b) Authorization of actions
Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors
2. This court lacks jurisdiction because the complaint is not sufficient to invoke the courts jurisdiction. Federal courts have jurisdiction over lawsuits between citizens of different states, cases based on federal statutes such as fair labor standards and antitrust violations, charges of federal crimes, appeals from bankruptcy proceedings, maritime cases or legal actions involving federal constitutional questions. Sometimes regulatory agencies have the initial jurisdiction before any legal action may be filed in court.
WHEREFORE defendant respectfully requests an order dismissing plaintiff’s complaint with prejudice.
DATED this ___ day of [month] [year].
______________________________
Name
Address
City, State Zip
Phone Number

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