Maine Media Resources Home American Civics Research Library Bank Loans, Credit Cards and Counterfeit Money: The Fraud of Contracts
SAMPLE REPLY TO PLAINTIFF'S RESPONSE TO REQUEST FOR DOCUMENTS
STATE OF
MAINE
DISTRICT COURT
ANY, SS.
DISTRICT TWO
PRESQUE ISLE
Civil Action, Docket No._________
BANK OF
AMERICA, N.A., a corporation
)
with an
office and place of business in
)
Tampa, County
of Hillsborough, State of
)
Florida,
)
)
Plaintiff
)
vs. ) REPLY )
)
JOHN H. DOE,
an individual of
)
Any Town,
County of Any, State
)
of
Maine.
)
)
Defendant
)
____________________________________
)
)
John Henry
Doe, a live-born human
)
being, a
domiciliary in Any Town,
)
Any County,
Maine.
)
)
Counterclaiment
)
vs.
)
)
BANK OF
AMERICA, N.A., a corporation
)
with an
office and place of business in
)
Tampa, County
of Hillsborough, State of
)
Florida,
)
)
Defendant
)
NOW COMES John Henry Doe, who admits and replies to Plaintiff's objection to the Request for Documents as follows:
1.) Plaintiff has repeatedly refused, and continues to refuse, to produce documentation proving they have suffered damages. All damage awards are subject to the requirements of 'causation' and 'certainty.' A Plaintiff must prove damages in order for a judgment to be awarded. - Restatement (Second) of the Law of Contracts, §§ 346, 352
2.) Paragraphs 1, 3, 6, 7, 8, and 10 of Request for Production (Request) are admitted to be general terms which could help Plaintiff prove damages by elucidating the actual source of money used to fund alleged loan.
3.) Paragraphs 2, 4, and 5 of Request include normal banking terms the meaning of which would be apparent to any legitimate Banking institution. Production of this specific information would show where the original source of funds was derived.
4.) Prevailing Party on default judgment of liability must still prove damages. - American Red Cross v. Community Blood Center of the Ozarks, 257 F.3d. 859 (8th Cir. 07/25/2001)
5.) Paragraph 9 of Request is self-explanatory and is required in order for a judgment to be rendered per M.R.Civ.P. 55(b)(3)
MEMORANDUM OF LAW
"No judgment by default shall be entered upon a claim based on a negotiable instrument or other negotiable obligation unless an original or copy of the instrument or obligation is filed with the clerk or unless the court for cause shown shall otherwise direct on such term as it may fix." M.R.Civ.P. 55(b)(3)
Dated:___________________
FOR: JOHN H DOE
_________________________________
John Henry Doe
In propria persona
c/o P.O. Box 9999
Any Town, Maine (99999)
CERTIFICATE
OF SERVICE
I hereby certify that I have mailed a copy of the foregoing
Answer/Judicial Notice and Counterclaim, this __________ day of __________,
2003, by U.S. Certified Mail Return Receipt Requested, to JOE BLOW AND JOE BLOW,
ATTORNEYS AT LAW, 123 Any Street, Any Town, Maine 99999 Receipt no.
_________________________ and Clerk of District Court, P.O. Box xxx, Any Town,
Maine 999999Receipt no.______________________________________
____________________________________
Jack A. Doe