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Motion to vacate

Motion to vacate a small claims court procedure that has ran its statute of limitations and has failed to provide the validation of debt

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mike
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3 views2 pages

Motion to vacate

Motion to vacate a small claims court procedure that has ran its statute of limitations and has failed to provide the validation of debt

Uploaded by

mike
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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State of Connecticut Superior Court

Small Claims Session

Judicial District of New Britain

20 Franklin Square, New Britain, CT 06051

Case Title:

Midland Credit Management, Inc. (Plaintiff)

vs.

Michael Consolini (respondent)

Docket number HHBCV246090325

MOTION TO VACATE

TO THE HONORABLE COURT AND JUDGE PRESIDING:

I, Michael Consolini, the Respondent in this case, respectfully move to vacate the claim filed by
Midland Credit Management, Inc., for the reasons outlined below:

1. Lack of Communication from the Original Creditor:

The original creditor failed to contact me or provide any statements or bills. I was enrolled in a
credit protection plan during the COVID-19 pandemic and was assured by the original creditor
that I would not need to make further payments, as the account would be settled. I relied upon
this assurance and received no further notice from the original creditor indicating a remaining
balance or outstanding debt.

2. Lack of Agreement or Contract with Midland Credit Management, Inc.:

I have never engaged, signed, or agreed to any contract with Midland Credit Management, Inc.
At no time did I receive any validation of this debt from the original creditor, nor did I authorize
the transfer or sale of this account to Midland Credit Management, Inc.

3. Unexpected Legal Action:


Recently, I received notice from Midland Credit Management, Inc., indicating that I am being
sued for an alleged debt of approximately $500. Given the assurances I received from the
original creditor, I believe this legal action is unwarranted and without sufficient foundation.

4. Request for Compensation for Time and Expenses:

Due to the inconvenience and time required to respond to this case, I hereby request that
Midland Credit Management, Inc. be held accountable for my time spent on this matter,
including online filings, notary services, and any necessary court appearances. I request
compensation at a minimum rate of $500 per hour for time spent on this case, should it proceed
without sufficient cause.

PRAYER FOR RELIEF

WHEREFORE, I, Michael Consolini, respectfully request that this Court:

1. Vacate the claim filed by Midland Credit Management, Inc.

2. Dismiss the case due to lack of validation and communication from the original
creditor.

3. Grant any further relief the Court deems just and proper.

Respectfully submitted,

Michael Williams Consolini

155 Unionville Ave.

Plainville, Connecticut (06062)

email [email protected]

Phone number 860-374-1089

Date: November 16, 2024

I hear by certify that copies of this motion will be provided either electronically or by certified mail

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