Many people try to draft lawsuits against the “servicers” and other actors who pretend to have credentials and status in connection with the existence, ownership, administration, collection, and enforcement of an implied unpaid loan account. When pro se litigants do it, they do so without knowledge of the normal rules of procedure and normal customs and practices in drafting a complaint.
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They are on the right track in many cases, but the presentation still does not comply with normal customs and practices. It is more than likely that the complaint would be dismissed without prejudice and with leave to amend, along with instructions from the judge to go get a lawyer.
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The typical construction of the complaint develops individual causes of action against each of the actors that you are naming as defendants. You can group them, but only if the cause of action applies to everyone in the group.
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Each type of actor is subject to various restrictions regarding their professed role. So if they say they are a servicer, they are subject to laws and rules governing servicing. People who said they were lenders, even if they were lying, are not subject to the same laws and rules and are, therefore, proper subjects for alleging a cause of action against them for breach of lending laws and rules.
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So for example, if you have sent a qualified written request under RESPA or a debt validation letter under the FDCPA, you would have a separate count for violation of those statutes against the defendant who received the statutory letters. You could expand that to include those who should have been responsive to the statutory letters because notice to one is a notice to all – but you have to say all that.
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The normal practice is establishing the court’s jurisdiction through a very short summary of the causes of action and why the court has jurisdiction, citing statutory authority.
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The next thing is a background statement that summarizes the causes of action that will follow in each count of the complaint.
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Each count of the complaint normally realleges certain paragraphs of the background statement that are applicable to that specific cause of action against that specific defendant or group of defendants. Each count in the complaint is a separate lawsuit.
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This means that you must make it clear how the court has jurisdiction over this particular count, and make it clear as to the foundation for the cause of action to be stated.
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Each lawsuit (Count) requires a short plain statement of ultimate facts upon which specific relief could be granted. And each lawsuit (count) requires a demand clause (wherefore) that states the specific relief that is sought. Without that final clause, no relief could be granted, and the action would be dismissed.
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You must present your case in a manner that the judge is willing to consider. Many pro se litigants and most lawyers have run into that brick wall.
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Very informative and knowledgeable article Neil – thanks – as usual!!!
… “Those bastards, they killed Wamu.”
“Those Bastards, they killed Wamu”