You may have to change Ripoff Bank to Ripoff Collections for your situation.
The only things missing are a d.b.a. and an affidavit of service.
----- MOTION TO DISMISS BEGIN----
State's_name
county's_name
In the circuit court for the ___ judicial circuit
county's_name - city_name, State's name
)
Ripoff Bank,
)
case no. ____
plaintiff
)
vs.
)
Name_of_"JUDGE",
truename d.b.a. LEGALNAME
)
judge
defendant
)
Motion to Dismiss in Lieu of Answer
)
Motion is hereby made to dismiss plaintiff's case with prejudice as plantiff has failed to state a claim upon which relief can be granted.
This __ day of _____, A.D. 20__.
Prepared and submitted by:
___________
Truename
c/o street_address
city, state [zip]
state's_name
county's_name
Before me, the undersigned, a Notary Public in and for said state and said county, a man, _________ signed by act and deed the foregoing instrument.
Given under my hand and seal on the above written date.
_____________________________
notary printed name and signature
----- ORDER TO DISMISS BEGIN ----
State's_name
county's_name
In the circuit court for the ___ judicial circuit
county's_name - city_name, State's name
)
Ripoff Bank,
)
case no. ____
plaintiff
)
vs.
)
Name_of_"JUDGE",
truename d.b.a. LEGALNAME
)
judge
defendant
)
Order to Dismiss
)
This case is hereby dismissed ( ) without ( ) with prejudice.
Entered this ___ day of the ___ month, A.D. 20___.
By: _________________
Name_of_"JUDGE", Judge
----- Affidavit in support of Motion TO DISMISS BEGIN----
State's_name
county's_name
In the circuit court for the ___ judicial circuit
county's_name - city_name, State's name
)
Ripoff Bank,
)
case no. ____
plaintiff
)
vs.
)
Name_of_"JUDGE",
truename d.b.a. LEGALNAME
)
judge
defendant
)
Affidavit in support of Motion to Dismiss
)
Notice unto Principal is notice unto Agents. Notice unto Agents is notice unto Principal.
I, Truename, Affiant, am a living soul, in correct public capacity as beneficiary to the Original Jurisdiction, unrepresented, unschooled in law, ....[IF YOU KNOW NOT ANYTHING TO ADD THEN DELETE ELLIPSES], My yes be yes, My no be no, do declare, in restricted appearance under Rule E(8), that the truths and facts herein are of first hand knowledge, true, correct, not misleading, so help Me Almighty God.
1. Affiant is of majority age and competent to testify.
2. Affiant has firsthand knowledge of the facts stated herein.
3. Affiant is unrepresented by counsel.
4. Affiant is not in receipt of any material fact or evidence which shows Affiant has an alleged contract with Ripoff Bank, and Affiant believes none exists.
5. Affiant is not in receipt of any material fact or evidence which shows Affaint owes Ripoff Bank money, and Affiant believes none exists.
6. Affiant is not in receipt of any material fact or evidence which shows a full accounting of the alleged obligation which Ripoff Bank is attempting to collect, and Affiant believes none exists.
7. Affiant is not in receipt of any material fact or evidence which shows Ripoff Bank has standing to sue Affiant, and Affiant believes none exists.
8. Affiant is not in receipt of any material fact or evidence which shows Ripoff Bank has any competent fact witness with firsthand testimony to support allegations of Ripoff Bank, and Affiant believes none exists.
9. Affiant is not in receipt of any material fact or evidence which shows Ripoff Bank by false claims and/or unvalidated claims is not attempting to steal, deprive and extort at least ___ dollars from Affiant and/or Affiant's property, and Affiant believes none exists.
If not rebutted within ten (10) days by lawful evidence to the contrary, this affidavit is at law evidence that the court has not subject matter jurisdiction and no lawful evidence with which to decide in favor of Ripoff Bank, and a default exists. Failure to present evidence to the contrary of the Affiant's testimony, is evidence that all parties stipulate to the facts herein as true, correct and complete.
Further Affiant saith naught.
Before Almighty God and under His statutes, I, truename, Affiant, declare that the foregoing is the truth in accord with the best of My firsthand knowledge on this __ day of _____, A.D. 20__.
Prepared and submitted by:
___________
Truename
c/o street_address
city, state [zip]
state's_name
county's_name
Before me, the undersigned, a Notary Public in and for said state and said county, a man, _________ signed by act and deed the foregoing instrument.
Given under my hand and seal on the above written date.
_____________________________
notary printed name and signature
Way to GO!
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