INSTRUCTIONS

READ THESE INSTRUCTIONS FULLY BEFORE YOU PROCEED

Make one original and five copies of everything. 

Mail one copy to the lawyer via certified mail, return receipt.

Mail the original and three copies to the court clerk. In the mailing you must include two stamped self addressed envelopes. One for the judge to send you back your order and the other for the clerk to send you back a copy of the papers stamped “FILED.” You must attach a note asking the clerk to return a copy of the papers to you stamped “FILED”

In a few days the lawyer should send you a response opposing the motion. He will cloud the issue with confusion and nonsense as they cannot come up with the contract. The lawyer will most likely ask for oral argument so you will have to appear in court on the assigned day, usually Friday at 9:00 AM. 

You MUST call the court clerk from time to time to find out the day and time the motion is scheduled for. Ask for the name of the judge. Call the judge and ask what room the hearing will be in and will you have to appear for oral argument or will the motion be heard “on the papers.” (without your being there)

Just to break your chops, if you have to appear, the court may call your case last as you are not paying a lawyer and the Pressler lawyers will be losing money if the case is dismissed. Remember, the judge is a lawyer also and has to work with the Pressler lawyers every day. They all belong to a private club called the Bar Association. You are nothing to him.

Your Name
Address
Your City State Zip
Your Phone

New Century Financial Services, Inc.			| Superior Court of New Jersey
Plaintiff						| Special Civil Part - Law Division
							| XXX YOUR XXX County
V							|
							| Docket no.: XX-XXXX-XX
Your Name						|
Defendant						|
							| Notice of Motion to Dismiss
							| (Failure to state a claim)
							|

TO:	Gerard J Felt
	Pressler & Pressler
	16 Wing Dr.
	Cedar Knolls, NJ 07927

	PLEASE TAKE NOTICE that on a date and time to be set by the court, the defendant  shall apply to the above named Court located at INSERT ADDRESS OF COURT    for an ORDER :
1. Dismissing the within action for failure to state a claim upon which relief can be granted or in the alternative, to compel the plaintiff to show standing to sue in accordance with the rules of court and the rules of evidence and as further enumerated in the brief.
Defendant relies on the attached affidavit and brief. A form of order is attached. Oral argument is waived and this matter may be decided on the papers.

The order sought will be entered in the discretion of the court unless the attorney or pro se party upon whom it has been served notifies the clerk of the court and the attorney for the moving party 
or the pro se party in writing within ten days after the date of service of the motion that the responding party objects to the entry of the order.

NOTICE. IF YOU WANT TO RESPOND TO THIS MOTION YOU MUST DO SO IN WRITING. Your written response must be in the form of a certification or affidavit. That means that the person signing it swears to the truth of the statements in the certification or affidavit and is aware that the court can punish him or her if the statements are knowingly false. You may ask for oral argument, which means you can ask to appear before the court to explain your position. If the court grants oral argument, you will be notified of the date, time and place. Your response, if any, must be in writing even if you request oral argument, Any papers you send to the court must also be sent to the opposing party  if they are not represented by a lawyer. If you choose to respond, you  must state your opposition in writing and send copies to us and to the court.

Respectfully submitted,
Your Signature
Your name printed
XXX DATE XXX

Your Name
Address
Your City State Zip
Your Phone

New Century Financial Services, Inc.			| Superior Court of New Jersey
Plaintiff						| Special Civil Part - Law Division
							| XXX YOUR XXX County
V							|
							| Docket no.: XX-XXXX-XX
Your Name						|
Defendant						|
							| Defendants affidavit supporting
							| Motion to Dismiss
							| 

I, YOUR NAME, the defendant in the above captioned action, being competent to testify, certify as follows:

1. I have entered into no agreement with the plaintiff.

2. I am not in receipt of any contract or documentation making me liable to any other party.

3. I am not in receipt of any documentation making me liable for the debt of another party.

4. I am not in receipt of any documentation making any other party liable for any debt of my own.

5. I am not aware of any novation nor have I agreed a novation of any description.

I certify that the foregoing statements made by me are true. I am aware that if any

of the foregoing statements made by me are willfully false, I am subject to punishment.

Executed on XXX DATE XXX

Your Signature

Your name printed

Your Name
Address
Your City State Zip
Your Phone

New Century Financial Services, Inc.			| Superior Court of New Jersey
Plaintiff						| Special Civil Part - Law Division
							| XXX YOUR XXX County
V							|
							| Docket no.: XX-XXXX-XX
Your Name						|
Defendant						|
							| Defendants Brief
							| Supporting Notice of Motion
							|
							|

Introduction:
	Plaintiff alleges that through some assignment or other transfer, it is the now the owner of a contract in which this defendant is in default on and sues for recovery.
Argument:
	Defendant challenges the standing of the plaintiff to sue and demands, prior to the furtherance of any litigation, plaintiff be compelled to show A) the actual contract of assignment of the alleged debt supported by affidavit on first hand knowledge of the original creditor. See Sullivan v. Visconti 68 N.J.L. 543, 553 (Sup. Ct.1902); Cullen v. Woolverton, 63 N.J.L. 644, 646 (E.& A. 1899),  B) the subject defaulted contract supported by affidavit based on first hand knowledge of the original creditor. See Weisbond v. Schultz 2 N.J. Misc. 1132, 1134 (Sup. Ct. 1940), and C) a copy of the original creditors last billing statement defined by 15 U.S.C. 1637(b) supported by affidavit based on first hand knowledge of the original creditor. 

	A copy of the alleged credit card application is not a contract. See footnote 3 in the matter of  Novack v. Cities Service Oil Co., 374 A.2d 89, 149 N.J.Super. 542 (N.J.Super.Law Div. 04/07/1977)

	This is NOT a mater to be held over for discovery. The matter cannot proceed until and unless plaintiff can show standing.

	Assuming  the undersigned ADMITS to all of the statements made in the complaint, the plaintiff is still required to prove its case. “The fact that appellee failed to deny under oath under TEX. R. CIV. P. 93 (7) that he had executed the contract, does not excuse appellant from having to prove the terms of the contract. See Thompson v. Republic Acceptance Corporation, 388 S.W.2d 404, 405 (1965).

	Plaintiffs possession and production of the above would be required to support entry of a judgment by default under Rule 6:6-3(a), assuming this defendant defaulted, so production at this time should not be burdensome.

	In a similar scheme, the plaintiff  (New Century) and its law firm (Pressler and Pressler) have attempted to deceive the court in the past. See the unpublished opinion of New Century Financial Services v. Orfa I. Sanchez, Docket number DC-2747-98 Morris County Special Civil Part decided  April 12, 2002 by the Honorable Judge Miniman.

Conclusion:
For the reasons set forth above and in consideration of the attached affidavit, the motion dismiss the complaint should be granted or in the alternative, the plaintiff must file and serve  the documents sought within 10 days..
Respectfully submitted,

Your Signature

Your name printed
Dated XXXXXXXX

Your Name
Address
Your City State Zip
Your Phone

New Century Financial Services, Inc.			| Superior Court of New Jersey
Plaintiff						| Special Civil Part - Law Division
							| XXX YOUR XXX County
v							|
							| Docket no.: XX-XXXX-XX
Your Name						|
Defendant						|
							| Defendants Affidavit of Service
							| 

I, Your Name, am the defendant in the above captioned action and being competent to testify, 

certify as follows:

1. In this date I have forwarded to the attorney for the plaintiff, Gerard J. Felt, a copy of the

within motion to dismiss and it’s supporting papers via certified mail.

I certify that the foregoing statements made by me are true. I am aware that if any

of the foregoing statements made by me are willfully false, I am subject to punishment.

Executed on XXXDATEXXX

Signature

Your Name Printed

Your Name
Address
Your City State Zip
Your Phone

New Century Financial Services, Inc.			| Superior Court of New Jersey
Plaintiff						| Special Civil Part - Law Division
							| XXX YOUR XXX County
V							|
							| Docket no.: XX-XXXX-XX
Your Name						|
Defendant						|
							| ORDER
							|

This matter being opened by the defendant, and the arguments and papers having been reviewed, 

and the matter having been (opposed) (unopposed) and good cause having been shown, it is on

this ______ day of _______________, 200__  ORDERED

____ The complaint shall be and hereby is dismissed  (with)  (without) prejudice

____ The Plaintiff shall within 10 _____ days, file and serve A) the actual contract of assignment of the alleged debt supported by affidavit on first hand knowledge of the original creditor, B) the subject defaulted contract supported by affidavit based on first hand knowledge of the original creditor, and C) a copy of the original creditors last billing statement as defined in 15 U.S.C. 1637(b) supported by affidavit based on first hand knowledge of the original creditor.

________________________________ J.S.C.