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Court name and State/District CIVIL DIVISION Name of Credit Agency/Plaintiff Plaintiff, v. Your Name, Defendant. ORDER Upon consideration of the Motion to Dismiss filed by Your Name (Defendant), and after hearing argument on behalf of all parties concerned, it is, by the Court, this Day (#) day of Month, Year, ORDERED that such motion be, and it is hereby, granted, and this case is hereby dismissed. ) ) ) ) ) ) ) ) ) )

Case No. Insert Case Number

______________________________ JUDGE Name of Judge

Copyright Clarity Consulting, PO Box 61411 Potomac, MD 20859

Court Name and state/district CIVIL DIVISION Name of Plaintiff Plaintiff, v. Insert Your Name, Defendant. ) ) ) ) ) ) ) ) ) ) MOTION TO DISMISS Insert Your Name (Defendant) hereby petitions, the Name of court of the state/district of Name of state/district for the dismissal of the above referenced Case No. Case Number with prejudice for the failure to state a claim upon which relief can be granted.
1. Defendant-Movants Address. Defendants place of residence and mailing

Case Insert Case Number

address has been, and continues to be, Your Current Address, not the address indicated in Plaintiffs complaint (i.e., Insert Address contained in the complaint). Defendants home phone number is Home phone number, and Defendants business phone number is Business Phone Number.
2. Points and Authorities. a. The existence of the purported debt and its transfer to Plaintiff have not

been verified. On Date you requested verification of the debt, Defendant

Copyright Clarity Consulting, PO Box 61411 Potomac, MD 20859

notified Plaintiff that the purported debt was disputed and requested from Plaintiff verification of the existence of the purported debt (pursuant to 15 USCA 1692g of the Fair Debt Collection Practices Act [FDCPA] copy attached). Plaintiff has failed to verify the original creditor to whom such purported debt was owed by Defendant, or to prove that any such purported debt owed by Defendant has been assigned to Plaintiff. According to the Ninth Circuit Court of Appeals in Guerrero v. RJM Acquisitions LLC, No. 0515121 (9th Cir. 8/23/07), and 15 USCA 1692g of the FDCPA, until requested verification of the existence of a purported debt has occurred all collection efforts by the purported creditor must cease, including any court action to collect such debt. Thus, Plaintiffs claim before this Court must be dismissed until Plaintiff verifies both the existence of the purported debt and its transfer by the original creditor to Plaintiff.
b. The amount of the purported debt has not been verified. On Date requested

verification of the debt, Defendant notified Plaintiff that the purported debt was disputed and requested from Plaintiff verification of the amount of the purported debt (pursuant to 15 USCA 1692g of the FDCPA copy attached). Plaintiff has failed to verify the amount of the purported debt that was owed by Defendant to Plaintiff, which requires the showing of a complete history of each individual advance and payment made by Defendant, and all charges, including charges for collection costs and/or attorney fees added to such debt by Plaintiff or the predecessor creditor. As established by the

Copyright Clarity Consulting, PO Box 61411 Potomac, MD 20859

Seventh Circuit Court of Appeals in Fields v. Wilber Law Firm, et.al., USCA 02-C-0072 (7th Cir., Sept. 2004), a purported debtor has the specific right under 15 USCA 1692g of the FDCPA to have the amount of his or her debt verified, including all advances on, charges to, and payments on such debt, and until the amount of such purported debt has been verified all collection efforts by the purported creditor must cease, including any court action to collect such debt. Thus, Plaintiffs claim before this Court must be dismissed until Plaintiff verifies the amount of the purported debt owed by Defendant to Plaintiff.
c. This is not a valid debt. Due to the Plaintiffs failure to validate or verify the

purported debt owed by Defendant such purported debt is not a valid debt which can be enforced by this Court and Plaintiffs claim in this Court must be dismissed.
d. This is not my debt. Due to the Plaintiffs failure to validate or verify the

purported debt owed by Defendant such purported debt is not my debt which can be enforced by this Court and Plaintiffs claim in this Court must be dismissed.
e.

I did not sign a contract with the Plaintiff to be responsible for this debt. Due to Plaintiffs failure to validate or verify the transfer of the purported debt to Plaintiff, and since I did not sign a contract with Plaintiff indicating my agreement to be responsible for such debt, such purported debt cannot be enforced by this Court and must be dismissed.

Copyright Clarity Consulting, PO Box 61411 Potomac, MD 20859 f. If I am responsible for this debt the amount sued for is incorrect. Due to the

Plaintiffs failure to validate or verify the amount of the purported debt owed by Defendant the amount of such purported debt which Plaintiff is seeking is inaccurate and cannot be enforced by this Court and Plaintiffs claim in this Court must be dismissed.
g. If I am responsible for this debt it is barred by any applicable statute of

limitations. Due to the Plaintiffs failure to validate or verify the purported debt owed by Defendant, including the date on which it arose and/or the date on which it first went into default, the collection of this debt must be assumed to be unenforceable by reason of the statute of limitations, and Plaintiffs claim in this Court must be dismissed.
h. This Court does not have jurisdiction over Defendant. Due to the Plaintiffs

failure to validate or verify the purported debt owed by Defendant, including that such debt originated in the State/district debt originated, this Court does not have jurisdiction over the collection of this debt from Defendant since Defendant does not reside or work in the State/District debt originated, and thus the purported debt cannot be enforced by this Court and Plaintiffs claim in this Court must be dismissed.
i. Plaintiff has violated numerous provisions of the FDCPA. By its continued

attempts to collect this disputed debt without verifying its amount, the validity of the debts existence, or the validity of the purported transfer of the debt to Plaintiff, by using profane and obscene language and attempting to harass

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Defendant while attempting to collect this purported debt, and by violating other provisions of the FDCPA and the State/District you live in Debt Collection Laws while attempting to collect this purported debt, Plaintiff should not be allowed to continue to collect this purported debt in violation of Federal and State/District you live in debt collection law, and thus Plaintiffs claim should be dismissed. It is significant to note that the Plaintiff, Name of Plaintiff, Insert any violations or bad press you can find regarding the Plaintiff
3. Affidavit. This is to certify under penalties of perjury that the facts stated in

this Motion to Dismiss are true. WHEREFORE, Defendant respectfully requests that this case be dismissed. Respectfully submitted, Date: Insert Date Your Name Your Address Your Address Phone Number