Commonwealth of Massachusetts

District Court of court name

Plaintiff

v. Case No.

name

Defendant

MOTION TO DISMISS FOR LACK OF JURISDICTION AND

COUNTERCOMPLAINT

The aggrieved Defendant name now ask this honorable court to dismiss for lack

of jurisdiction. The defendant has twice sent letters to Plaintiff name requesting

validation pursuant to the Fair Debt Collection Practices act and never received a

response. (See copies of letters, exhibit A and B)To pursue this matter without first

establishing the validation of the debt constitutes a violation of the Fair Debt Collection

Practices Act and so a lawsuit is premature. Additionally, the Aggrieved defendant

answered the attorney letter to him demanding validation prior to commencement of any

suit in compliance to the Fair Debt Collection Act Provisions. Instead aggrieved

defendant was presented with a summons for a court case.

Aggrieved defendant also demands a copy of the agreement with his signature,

the original of which is to be presented at trial to establish that there existed such an

agreement. Aggrieved defendant also requests a subpoena for one person who signed the

affidavit to appear at trial and be cross examined on his personal knowledge of the

alleged debt, etc. or moves that his affidavit be stricken from the record.
 Consequently the aggrieved defendant files a countersuit for those violations and

asks the court of triple damages for further violation of the Massachusetts Consumer

Protection act, Chapter 93 (A) and the Fair Debt Collection Practices Act with this

premature suit.

The aggrieved defendant’s counter claim is against both attorney and National

Credit Adjusters, LLC separately and individually for damages each equal to triple as

allowed by law for a total of $40,957.20 each for violations with two counts for National

Credit Adjusters, LLC for $81,195.40

Respectfully submitted,

Defendant

Address

Proof of Service

I have submitted a copy of this answer to the complaint by mail to the Plaintiff’s attorney

on October,_______, 2008.

Defendant