STEPHEN DEAN, DEFENDANT Acting Pro Se

STEPHEN DEAN, DEFENDANT Acting Pro Se

STEPHEN DEAN, DEFENDANT acting Pro Se

8702 E. Minnezona Road

Scottsdale, AZ 85251

602-524-5910

IN THE EAST MESA JUSTICE COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY of maricopa

)

MERTOLA, llc, )Case #CC20096646630R

)

PLANTIFF, )request to Quash garnishment,

)vacate default judgement, and

V )remand ORIGINAL complaint

)FOR TRIAL

)

STEPHEN DEAN, )

)

)

DEFENDANT, )

______. )

Defendant Stephen Dean responds as follows to the Garnishment of Earnings order issued in the above case:

1)The Plaintiff/Judgment Creditordoes not have a valid Judgment against Defendant because:

  1. Defendant was never properly served or notified of the Original Complaint filed by Plaintiff in the East Mesa Justice Court.
  2. Defendant was never accorded his legal right to respond to the Complaint filed by Plaintiff and to object to issues of fact asserted by Plaintiff in his complaint that should have been proven by Plaintiff in court and decided by a Judge. Defendant was denied discovery and the right to examine documents which were never provided by Plaintiff to Defendant, and to examine witnesses and bring witnesses of his own to refute Plaintiff’s allegations.
  3. The Plaintiff’s Complaint, on its face, cannot present or provide sufficient evidence to result in a default Judgment. Absent service or notice of Complaint to Defendant, Defendant’s failure to respond or appear is not adequate justification for Entry of Default Judgment.
  4. The allegations contained in the Complaint remain unproven, unsupported by evidence, and the issues of fact and validity of any Defendant’s response have never been decided by a Judge.
  5. Defendant has been denied Due Process under the Constitution and laws of the State of Arizona and of the United States and was never accorded a decision by a Judge based on a finding of facts and on the merits of the case.
  6. Defendant therefore respectfully requests that this Court vacate the entry of Default Judgment and quash the Garnishment Order.
  7. Defendant further respectfully requests that this Court dismiss the Original Complaint in this case and require Plaintiff to re file the complaint with proper notice given to Defendant.

2)Defendant has never received or seen a copy of the Complaint filed by Plaintiff, therefore Defendant cannot at this time respond to any allegations contained in said Complaint. Defendant can however state, to the best of his knowledge and belief, as follows:

  1. Defendant does not know Plaintiff;
  2. Defendant is not aware of any debt owed by Defendant to Plaintiff; and
  3. Defendant is not aware of the nature of any debt or it’s alleged origination date, and therefore does not know if any Complaint is timely and within the statute of limitations.

3)Finally:

  1. Defendant is not an attorney, but cannot afford an attorney.
  2. Defendant in this pleading has attempted to adhere to the spirit and letter of the law as I understand it as a layperson.
  3. Defendant apologizes for any and all of his many errors as to form and format.
  4. Defendant holds the justice system in the highest regard, and means no disrespect to this Court.

Dated this January 14, 2013.

STEPHEN DEAN

By______

DEFENDANT, ACTING PRO SE

Page 1 REQUEST TO QUASH GARNISHMENT AND VACATE JUDGEMENT Stephen Dean, Pro Se

8702 E. Minnezona Road

Scottsdale, AZ 85251

602-524-5910

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