Demurrer or Dismiss Debt Collector For Lack of Standing To Sue No Certificate of Authority Secretary of State Foreclosure Credit Cards PDF
Demurrer or Dismiss Debt Collector For Lack of Standing To Sue No Certificate of Authority Secretary of State Foreclosure Credit Cards PDF
Demurrer or Dismiss Debt Collector For Lack of Standing To Sue No Certificate of Authority Secretary of State Foreclosure Credit Cards PDF
COUNTY OF PERFECTVILLE
vs.
Upon investigation, it appears that the PLAINTIFF in this matter does not have the
capacity to sue.
Therefore, the DEFENDANT moves to dismiss this case pursuant to Rule 12(b)(5) and
3. The Utopia Secretary of State has no Certificate of Authority for Plaintiff to conduct
business in Utopia (Exhibit B).
4. Platintiff, STUPID SERVICING INC., is/are not registered to conduct business in the State
of Utopia. Thus, in violation of Utopia State Rules of Civil Procedure XXYYZ Code
Section § 2.3-5(a)(ii), and with WELLS FARGO SERVICING v. McCARTHY et al, F2d.
St. 1981 (see: MEMORANDUM OF LAW AND POINTS AND AUTHORITIES, Exhibit
C) as a precedent case to how this court should rule in this matter.
5. Therefore, case 15-23833 must be dismissed due to Plaintiff’s lack of standing to sue via
Utopia State Rules of Civil Procedure XXYYZ Code Section § 2.3-5(a)(ii).
WHEREFORE, Defendants move this Court to:
Grant a stay in this proceedings until such time as the Plaintiff properly
regsitered a Certificate of Authority to do business in the State of Utopia; and/or
BY: _____________________________
JOE P. PATRIOT
Notice that Based Upon Your State's Rules, You Are Going to Only Select
the "Demurrer" option OR the "Motion to Dimiss" option...but NOT both.
Both versions are provided here in a hypothetical situation where you
would send both... forcing you to edit/re-create the documents as "your
own" after re-typing them up. As always, if you need help, get professional
help as guinea pigging on yourself, although "cheap" in liability debt notes,
is a costly way to learn by trial and error. Anywho, with that Best of Luck
and let us know your feedback!
IN THE FIRST MUNICIPAL COURT OF THE STATE OF UTOPIA
COUNTY OF PERFECTVILLE
vs.
Complaint CASE/INDEX NO.: 15-23833 is hereby given and attached herewith, in lieu of an
“Answer”.
BY: _____________________________
JOE P. PATRIOT
IN THE FIRST MUNICIPAL COURT OF THE STATE OF UTOPIA
COUNTY OF PERFECTVILLE
vs.
The undersigned Affiant, Joe P. Patriot, hereinafter “Affiant”, does solemnly swear, declare and
state as follows:
3. All the facts herein are true, correct and complete, admissible as evidence and if called
upon as a witness, Affiant will testify to their veracity.
1. There is no evidence that Plaintiff is not incorporated in the State of Maryland (Exhibit A)
and Affiant believes that no such evidence exists.
2. There is no evidence that Plaintiff is not a foreign entity and thus required to have a
Certificate of Authority to do business in the State of Utopia, (Utopia Code 12.345(b)
foreign corporations) and Affiant believes that no such evidence exists.
4. There is no evidence that Platintiff, STUPID SERVICING INC., is/are not in violation of
Utopia State Rules of Civil Procedure XXYYZ Code Section § 2.3-5(a)(ii), and Affiant
believes that no such evidence exists.
You have twenty days (20) from the receipt of letter in which you can respond to or rebut this
AFFIDAVIT OF SPECIFIC NEGATIVE AVERMENT, unless you request in writing an
extension of time. Failure to respond or rebut shall convey your assent to, and agreement with all
the facts herein.
IN WITNESS WHEREOF I hereunto set my hand and seal on this _________ day of
___________, 2015 and hereby certify all the statements made above are true, correct and
complete under the penalty of perjury under the laws of __________________________________.
By: ________________________________
JOE P. PATRIOT
JURAT
State of Utopia )
) ss.
County of Perfectville )
Sworn to (or affirmed) and subscribed before me on this ______________ day of __________________
2015 by JOE P. PATRIOT, proved to me on the basis of satisfactory evidence to be the one who appeared
before me, and executed the forgoing instrument for the purpose stated therein and acknowledged that said
execution was by his free act and deed.
_______________________________ ______________________________
Notary Public’s Signature Date
vs.
“flkajsdklfjas dfkajsklj kljasdfklj kljasdklfj lkjlk jasdflk jkljasdkl lkjasdlf jlkja;sfj lkjas fkljklj lkdsfj
lkjasdlfkj alsdf jkljklasdf asdklfj klasjd klasj kl ljadklsf jlkajf lkjasdf asdf kljdasf can not be sued
until such certificate of authority is filed or the court must dismiss the case without prejudice.”
MEMORANDUM OF LAW
McCARTHY et al, F2d. St. 1981 (Exhibit C) as a precedent case in this matter.
BY: _____________________________
JOE P. PATRIOT
IN THE FIRST MUNICIPAL COURT OF THE STATE OF UTOPIA
COUNTY OF PERFECTVILLE
vs.
the Civil Complaint CASE/INDEX NO.: 15-23833. DEFENDANT moves to dismiss this
action pursuant to Utopia State Rules of Civil Procedure XXYYZ Code Section § 2.3-5(a)(ii)
2. Defendant was never sent “Notice of Intent to File Suit” as required by law
according to LONTFS(6)(5)(a). <----search on FINDLAW.COM for “Utopia”
(Your State)
7. The statute and case law of State of Utopia dictates that the right to have standing
to sue in this State is included in the scope of doing business in this state, and that
lacking such standing waives right to sue if challenged.
8. Platintiff, STUPID SERVICING INC., is/are not registered to conduct business in
the State of Utopia.
10. This court is required to take notice of case precedents WELLS FARGO
SERVICING v. McCARTHY et al, F2d. St. 1981 (Exhibit C) and the other
Memorandum of Law and Points and Authorities filed into this case, which is
fully stated and incorporated in its entirety by this reference herewith, and
therefore Platintiff lacks standing in this case to sue or move this court any
further.
11. Therefore, this case 15-23833 must be dismissed due to Plaintiff’s lack of
standing and failure to state a claim upon which relief can be granted; Rule
12(b)(5) and Rule 12(b)(6).
Not Real C. This case be dismissed with prejudice according to Utopia Code 12.345(b) for
Plaintiff has no certificate of authority to conduct business in state of
Utopia.
By: ___________________________
JOE P. PATRIOT
vs.
Counterclaim”, because Defendant plans to argue that Plaintiff lacks standing to sue according to
the law.
vs.
______am/pm at room _____________ in this above-stated court, and with good cause shown,
BY: _____________________________
PRESIDING JUDGE
vs.
THESE CASES
[these cases AND
and court rules, COURT
court names, etc are allRULES, COURT
imaginary and made NAMES,
up for illustrative use]