ANSWER COUNTERCLAIM

Directions
1. When you are ready to file the Answer Counterclaim, be sure to do so within the 20 day
period allowed by most states (some allow 30).
2. Send the following pages (after you have inserted your details) to the lawyer that brought suit
against you: 2, 3 and 4 (Answer and Counterclaim), pages 5, 6, 7, and 8 (Request for
Admissions), pages 9 and 10 (request for production of documents).
3. After you have sent off copies of the above signed documents, (including a copy of the signed
Certificate of Service), take an original set to the court. Keep an original set for your records.
4. If, after 30 days, the lawyer for the named plaintiff fails to answer your questions, or provide
you with the requested docs, then file the “Defendant and counterclaimants’ motion to compel”
on pages 12, 13, 14 and 15, and file the motion to compel “counterclaim’s request for production
of documents” on pages 16 and 17.
5. If you get a motion to dismiss your counterclaim, see “motion to dismiss counterclaim.”
6. Read the paperwork after you prepare it, at least a few times or more. Understand

Things to remember:
1. You don’t have to mimic their style of the case. It’s a childish diversion to see if they can get
you argue the wrong arguments (thereby taking the burden of proof on yourself!).
2. Refer to yourself in pleadings in “third person.” The exception is when you are completing an
affidavit.
3. The plaintiff always has the burden of proof never take the burden of proof on yourself.
—

4. In an affidavit make only statements of which you have actual knowledge. After all, you can
-

be charged with perjury. It is best to make negative averments — keep the burden of proof on
them, i.e, if you say I don’t owe them money, you have taken the burden of proof on yourself to
prove that you don’t. Instead say, I am not in receipt of any document which verifies that I owe
them money. This compels the court to examine the documents which they can verify they sent
to you — usually nothing. Also, an affidavit CANNOT incorporate other documents by
reference unless the affiant has either been certified as an expert witness by the court or the
affiant prepared the reference items and they are signed and dated by the affiant.

It all gets back to one thing necessary for the court to rule legally — competent fact
witnessing.

The importance of discovery: Engaging in discovery forces them to prove their case which I’ve
never seen them do — not once. If they admit your discovery, they’re dead ducks — if they deny
your discovery, you can compel them to furnish documents which prove your claims.
Regardless, discovery either gives you the win, or places facts in controversy requiring a trial on
the merits.
 IN THE CIRCUIT COURT
IN AND FOR BREVARD COUNTY, FLORIDA

XYZ BANK SOUTH DAKOTA, N.A.. )

)
Plaintiff, )
)
vs. ) Case No. 04-XXXX-XX
)
John Henry Doe and Patricia Doe, )
)
Unrepresented Parties, )

Unrepresented Parties’ answer and counterclaim

Brief in support of answer

John Henry Doe and Patricia Doe dispute that XYZ BANK SOUTH DAKOTA, N.A..
has standing to sue in Florida courts and demand strict proof.

John Henry Doe and Patricia Doe dispute that XYZ BANK SOUTH DAKOTA, N.A..’s
corporate charter authorizes XYZ BANK SOUTH DAKOTA, N.A. to engage in consumer
lending and demand strict proof.

John Henry Doe and Patricia Doe dispute that XYZ BANK SOUTH DAKOTA, N.A.’s
corporate charter authorizes XYZ BANK SOUTH DAKOTA, N.A. to sue in foreclosure of
consumer debt.

John Henry Doe and Patricia Doe dispute that John Henry Doe and Patricia Doe have a
contract with XYZ BANK SOUTH DAKOTA, N.A. and demand strict proof.

John Henry Doe and Patricia Doe dispute that John Henry Doe and Patricia Doe owe
XYZ BANK SOUTH DAKOTA, N.A. money and demand strict proof.

John Henry Doe and Patricia Doe dispute that XYZ BANK SOUTH DAKOTA, N.A.
authorized this action by delegating authority to DEWEY, CHEATUM & HOWE, P.A.and
demand strict proof.

Brief in support of counterclaim

XYZ BANK SOUTH DAKOTA, N.A. by and through RIGITT N. CHEATUM has
committed fraud by preparing and submitting a known false document to this court with the
intention that this court rely on the false document to deprive John Henry Doe and Patricia Doe
of money and property. XYZ BANK SOUTH DAKOTA, N.A. by and through RIGITT N.
CHEATUM falsely alleges that John Henry Doe and Patricia Doe have a contract with XYZ
BANK SOUTH DAKOTA, N.A., and fraudulently alleges that John Henry Doe and Patricia Doe
owe XYZ BANK SOUTH DAKOTA, N.A. the sum of $12,000.00 warranting damages to be
paid to John Henry Doe and Patricia Doe in a sum of not less than $36,000.00.

Affidavit

I, John Henry Doe, of lawful age and competent to testify, state as follows based on my
own personal knowledge:

1. I am not in receipt of any document which verifies that XYZ BANK SOUTH
DAKOTA, N.A. has standing to sue in Florida courts.

2. I am not in receipt of any document which verifies that I have a contract with XYZ
BANK SOUTH DAKOTA, N.A.

3. I am not in receipt of any document which verifies that I owe XYZ BANK SOUTH
DAKOTA, N.A. money.

4. I am not in receipt of any document which verifies that XYZ BANK SOUTH
DAKOTA, N.A. authorized suit against me or is even aware of it.

5. I am not in receipt of a motion for judgment by default or motion for summary

judgment on behalf of XYZ BANK SOUTH DAKOTA, N.A.

6. As the result of RIGITT N. CHEATUM's pattern of acts against me, I have been
damaged financially, socially, and emotionally.

______________________________
John Henry Doe

STATE OF FLORIDA INDIVIDUAL ACKNOWLEDGMENT

COUNTY OF BREVARD Florida Form

Before me, the undersigned, a Notary Public in and for said County and State on this
____

day of ________, 2004, personally appeared John Henry Doe to me known to be the identical
person who executed the within and foregoing instrument and acknowledged to me that he
executed the same as his free and voluntary act. Given under my hand and seal the day and year
last above written. My commission expires

_________________Notary Public

Prepared and submitted by:___________________

John Henry Doe
[Your Street].
Vierra, Florida 99999
 CERTIFICATE OF SERVICE

I, John Henry Doe and Patricia Doe, certify that October 1st 2004, I mailed a true and
correct copy of the above and foregoing answer and counterclaim to:

RIGITT N. CHEATUM
DEWEY, CHEATUM & HOWE, P.A.
COUNSEL FOR THE PLAINTIFF
Post Office Box XXXX
Orlando, Florida 32802-XXXX

________________________________
John Henry Doe
 IN THE CIRCUIT COURT
IN AND FOR BREVARD COUNTY, FLORIDA

XYZ BANK SOUTH DAKOTA, N.A. )

Plaintiff and defendant on )
Counterclaim, )
vs. ) Case No. 04-XXXX-XX
)
John Henry Doe and Patricia Doe, )
Defendant and plaintiff on )
Counterclaim. )

Defendant’s request for admissions to plaintiff XYZ BANK SOUTH DAKOTA, N.A.

To: XYZ BANK SOUTH DAKOTA, N.A. (please note: where discovery requests are directed to
a corporation, counsel for the corporation is required to nominate officers of the corporation to
answer).

Defendant, John Henry Doe and Patricia Doe, submits the following request for
admissions to plaintiff XYZ BANK SOUTH DAKOTA, N.A. You are required to answer each
request for admissions separately and fully, in writing, under oath, and to serve a copy of the
responses upon John Henry Doe and Patricia Doe within (30) days after service of these requests
for admissions.

Instructions

1. These requests for admissions are directed toward all information known or available
to XYZ BANK SOUTH DAKOTA, N.A. including information contained in the records and
documents in XYZ BANK SOUTH DAKOTA, N.A.’s custody or control or available to XYZ
BANK SOUTH DAKOTA, N.A. upon reasonable inquiry. Where requests for admissions cannot
be answered in full, they shall be answered as completely as possible and incomplete answers
shall be accompanied by a specification of the reasons for the incompleteness of the answer and
of whatever actual knowledge is possessed with respect to each unanswered or incompletely
answered request for admission.

2. Each request for admissions is to be deemed a continuing one. If, after serving an
answer to any request for an admission, you obtain or become aware of any further information
pertaining to that request for admission, you are requested to serve a supplemental answer setting
forth such information

3. As to every request for an admission which you fail to answer in whole or in part, the
subject matter of that admission will be deemed confessed and stipulated as fact to the court.

Definitions
 a. “You” and “your” include XYZ BANK SOUTH DAKOTA, N.A. and any and all
persons acting for or in concert with XYZ BANK SOUTH DAKOTA, N.A.

b. “Document” includes every piece of paper held in your possession or generated by

you.
Requests for admissions

First admission: Admit or deny that XYZ BANK SOUTH DAKOTA, N.A. is not licensed to do
business in Florida by virtue of being registered with the Secretary of State of Florida and
nominating an agent for service of process.

Admitted____

Denied___

Second admission: Admit or deny that XYZ BANK SOUTH DAKOTA, N.A. has no regular,
systematic way of doing business in Florida, also known as “minimum contacts.”

Admitted____

Denied____

Third admission: Admit or deny that XYZ BANK SOUTH DAKOTA, N.A.’s charter does not
authorize XYZ BANK SOUTH DAKOTA, N.A. to engage in consumer lending.

Admitted___

Denied___

Fourth admission: Admit or deny that XYZ BANK SOUTH DAKOTA, N.A.’s charter does not
authorize XYZ BANK SOUTH DAKOTA, N.A. to bring suits in foreclosure of consumer
debts.

Admitted____

Denied___

Fifth admission: Admit or deny that XYZ BANK SOUTH DAKOTA, N.A. is not the present
holder of a contract with John Henry Doe and Patricia Doe.

Admitted___

Denied___

Sixth admission: Admit or deny that Admit or deny that XYZ BANK SOUTH DAKOTA, N.A.
sold the contract which XYZ BANK SOUTH DAKOTA, N.A. had with John Henry Doe and
Patricia Doe.
Admitted___

Denied____

Seventh admission: Admit or deny that XYZ BANK SOUTH DAKOTA, N.A. has been
informed by counsel that a credit card contract is a continuing series of offers to contract and as
such is not transferable.

Admitted____

Denied____

Eighth admission: Admit or deny that XYZ BANK SOUTH DAKOTA, N.A. never had anything
at risk in the contract with John Henry Doe and Patricia Doe.

Admitted___

Denied___

Ninth admission: Admit or deny that XYZ BANK SOUTH DAKOTA, N.A. possesses no
account and general ledger statement verifying that John Henry Doe and Patricia Doe presently
owe XYZ BANK SOUTH DAKOTA, N.A. money.

Admitted____

Denied____

Tenth admission: Admit or deny that officers of XYZ BANK SOUTH DAKOTA, N.A. know
and understand that after a credit card is charged off, it is common practice to sell the charged
off debt to lawyers in the debt collection business for deep discounts.

Admitted____

Denied___

Eleventh admission: Admit or deny that officers of XYZ BANK SOUTH DAKOTA, N.A. know
and understand that attorneys who purchase evidence of debt and then file lawsuits in the name
of the original maker of the debt are committing felony fraud.

Admitted____

Denied____

Twelfth admission: Admit or deny that officers of XYZ BANK SOUTH DAKOTA, N.A. know
and understand that DEWEY, CHEATUM & HOWE, P.A. routinely purchases evidence of debt
from XYZ BANK SOUTH DAKOTA, N.A., then relies on XYZ BANK SOUTH DAKOTA,
N.A. to aid and abet felony fraud.
Admitted____

Denied____

Thirteenth admission: Admit or deny that XYZ BANK SOUTH DAKOTA, N.A. cannot be
affected financially by the outcome of litigation against John Henry Doe and Patricia Doe as, if
,

the suit is lost, it is DEWEY, CHEATUM & HOWE, P.A.’s loss and if the suit is won, it is
DEWEY, CHEATUM & HOWE, P.A.’s win.

Admitted___

Denied___

Print name __________________title Officer of XYZ BANK SOUTH DAKOTA, N.A.

State of____________________

County of__________________

Before me this day appeared _____________________, known to me as the

person who made the above and foregoing statements of his own free will. My
commission expires

_____________________________
Notary
Prepared and submitted by:
_________________________________
John Henry Doe

Certificate of service

I, John Henry Doe, certify that ___________ ____,2004, I mailed a true and correct copy of the
above and foregoing request for admissions via certified mail, return receipt requested to:

RIGITT N. CHEATUM
DEWEY, CHEATUM & HOWE, P.A.
COUNSEL FOR THE PLAINTIFF
Post Office Box XXXX
Orlando, Florida 32802-XXXX
______________________________
John Henry Doe
 IN THE CIRCUIT COURT
IN AND FOR BREVARD COUNTY, FLORIDA

XYZ BANK SOUTH DAKOTA, N.A. )

Plaintiff and defendant on )
Counterclaim, )
vs. ) Case No. 04-XXXX-XX
)
John Henry Doe and Patricia Doe, )
Defendants and plaintiff on )
Counterclaim. )

Defendant’s request for production of documents

to plaintiff XYZ BANK SOUTH DAKOTA, N.A.

Defendant, John Henry Doe and Patricia Doe, submits the following request for
production of documents to plaintiff XYZ BANK SOUTH DAKOTA, N.A.. You are required to
inform John Henry Doe and Patricia Doe of the date, place, and time that John Henry Doe and
Patricia Doe can view the documents (in Vierra, Florida) and make copies. Alternately, you can
furnish John Henry Doe and Patricia Doe with verified copies of all documents. If the document
does not exist, you are required to state that it does not exist. Failure to comply fully or partially
with this request within thirty days of receipt of service shall be deemed a confession that the
document does not exist or that XYZ BANK SOUTH DAKOTA, N.A. is committing fraud by
concealment.

Instructions

1. These requests for production of documents is directed toward all information known
or available to XYZ BANK SOUTH DAKOTA, N.A. including information contained in the
records and documents in XYZ BANK SOUTH DAKOTA, N.A.’s custody or control or
available to XYZ BANK SOUTH DAKOTA, N.A. upon reasonable inquiry.

2. Each request for production of documents is to be deemed a continuing one. If, after
serving an answer to any request for an admission, you obtain or become aware of any further
information pertaining to that requested production of documents, you are requested to serve a
supplemental answer setting forth such information.

Definitions

a. “You” and “your” include XYZ BANK SOUTH DAKOTA, N.A. and any and all
persons acting for or in concert with XYZ BANK SOUTH DAKOTA, N.A..

b. “Document” includes every piece of paper held in your possession or generated by

you.
 Requests for production of documents

First document: All pages, front and back of XYZ BANK SOUTH DAKOTA, N.A.’s corporate
charter.

Second document: The account and general ledger of each and every contract XYZ BANK
SOUTH DAKOTA, N.A. alleges John Henry Doe and Patricia Doe have with XYZ BANK
SOUTH DAKOTA, N.A. showing all receipts and disbursements.

Third document: The copy, front and back, of the contract XYZ BANK SOUTH DAKOTA,
N.A. alleges John Henry Doe and Patricia Doe have with XYZ BANK SOUTH DAKOTA, N.A.
showing any and all assignments or allonges.

Fourth document: The copy, front and back, of the contract for services which XYZ BANK
SOUTH DAKOTA, N.A. has with DEWEY, CHEATUM & HOWE, P.A.

Prepared and submitted by:

____________________________
John Henry Doe

Certificate of service

I, John Henry Doe, certify that ___________ ____, 2004, I mailed a true and correct copy of
the above and foregoing request for production of documents via certified mail, return receipt
requested to:

RIGITT N. CHEATUM,
DEWEY, CHEATUM & HOWE,P.A.
COUNSEL FOR THE PLAINTIFF
Post Office Box XXXX
Orlando, Florida 32802-XXXX

_____________________________
John Henry Doe
 IMPORTANT NOTE FOR YOUR FILES ONLY

What if they don’t answer the discovery you file a motion to compel. What often happens is that
—

they either don’t answer the discovery which is your opportunity for a summary judgment. If
they dispute your discovery, facts are in dispute and there must be a trial as facts in dispute are
reserved for the trier of fact.

Motions to compel when the attorney objects to everything

DO NOT SEND YET! Only send this after they have failed to answer your interrogatories
within 30 days
 IN THE CIRCUIT COURT
IN AND FOR BREVARD COUNTY, FLORIDA

XYZ BANK SOUTH DAKOTA, N.A. )

Plaintiff and defendant on )
Counterclaim, )
vs. ) Case No. 04-XXXX-XX
)
John Henry Doe and Patricia Doe, )
Defendants and plaintiffs on )
Counterclaim. )

Defendant and counterclaimants’ motion to compel compliance with defendant and

counterclaimants request for admissions to plaintiff XYZ BANK SOUTH DAKOTA, N.A.

October 1st 2004, John Henry Doe and Patricia Doe, submitted request for admissions to
plaintiff and defendant on counterclaim, XYZ BANK SOUTH DAKOTA, N.A. See attached
exhibit. XYZ BANK SOUTH DAKOTA, N.A. has failed or refused to answer the request for
admissions.

Requests for admissions

First admission: Admit or deny that XYZ BANK SOUTH DAKOTA, N.A. is not licensed to do
business in Florida by virtue of being registered with the Secretary of State of Florida and
nominating an agent for service of process.

Commentary: all competent jurists know and understand that corporations, if challenged, are
required to show standing to sue in a state’s courts. One way in which a corporation can show
standing is by licensure.

Second admission: Admit or deny that XYZ BANK SOUTH DAKOTA, N.A. has no regular,
systematic way of doing business in Florida, also known as “minimum contacts.” Commentary:
all competent jurists know and understand that corporations, if challenged, are required to show
standing to sue in a state’s courts. One way in which a corporation can show standing is by
minimum contacts with the forum state.

Third admission: Admit or deny that XYZ BANK SOUTH DAKOTA, N.A.’s charter does not
authorize XYZ BANK SOUTH DAKOTA, N.A. to engage in consumer lending.

Commentary: all competent jurists know and understand that corporations have no acts apart
from those authorized by charter. Unauthorized actions are ultra vires. Fourth admission: Admit
or deny that XYZ BANK SOUTH DAKOTA, N.A.’s charter does not authorize XYZ BANK
SOUTH DAKOTA, N.A. to bring suits in foreclosure of consumer debts.

Commentary: all competent jurists know and understand that corporations have no acts apart
from those authorized by charter. Unauthorized actions are ultra vires. Fifth admission: Admit or
deny that XYZ BANK SOUTH DAKOTA, N.A.’s is not the present holder of a contract with
John Henry Doe and Patricia Doe.

Commentary: all competent jurists know and understand that for any party to bring an action for
breach of an instrument, the party, if challenged, must show possession of the actual dishonored
instrument.

Sixth admission: Admit or deny that XYZ BANK SOUTH DAKOTA, N.A. sold the contract
which XYZ BANK SOUTH DAKOTA, N.A. had with John Henry Doe and Patricia Doe.

Commentary: all competent jurists know and understand that for any party to bring an action for
breach of an instrument, the party, if challenged, must show possession of the actual dishonored
instrument.

Seventh admission: Admit or deny that XYZ BANK SOUTH DAKOTA, N.A. has been
informed by counsel that a credit card contract is a continuing series of offers to contract and as
such is not transferable.

Commentary: all competent jurists know and understand that credit card contracts are not
transferable and that selling a contract extinguishes all rights under the contract.

Eighth admission: Admit or deny that XYZ BANK SOUTH DAKOTA, N.A. never had anything
at risk in the contract with John Henry Doe and Patricia Doe.

Commentary: all competent jurists know and understand that lending institutions are only
authorized to fund loans with excess reserves. Where the loan was not funded, the loan was
hypothecated, ultra vires, and as such, void at inception for violation of banking law.

Ninth admission: Admit or deny that XYZ BANK SOUTH DAKOTA, N.A. possess no account
and general ledger statement verifying that John Henry Doe and Patricia Doe presently owes
XYZ BANK SOUTH DAKOTA, N.A. money.

Commentary: all competent jurists know and understand that thee only way a lending institution
can show damages in fact it by providing the account and general ledger statement verified by a
competent fact witness.

Tenth admission: Admit or deny that officers of XYZ BANK SOUTH DAKOTA, N.A. know
and understand that after a credit card is charged off, it is common practice to sell the charged
off debt to lawyers in the debt.

Commentary: all competent jurists know and understand that lending institutions which have
nothing at risk in a loan commonly charge off and sell the loan contract. Even if the consumer
contract is not a credit card contract, the holder in due course is only entitled to receive
reimbursement, and even then, only on proper notice.

Eleventh admission: Admit or deny that officers of XYZ BANK SOUTH DAKOTA, N.A. know
and understand that attorneys who purchase evidence of debt and then file lawsuits in the name
of the original maker of the debt are committing felony fraud.
Commentary: all competent jurists know and understand that obtaining or even attempting to
obtain money under false pretenses is a crime.

Twelfth admission: Admit or deny that officers of XYZ BANK SOUTH DAKOTA, N.A. know
and understand that DEWEY, CHEATUM & HOWE, P.A. routinely purchases evidence of debt
from XYZ BANK SOUTH DAKOTA, N.A., then relies on XYZ BANK SOUTH DAKOTA,
N.A. to aid and abet felony fraud.

Commentary: this admission is necessary to determine whether conspiracy to commit fraud has
occurred.

Thirteenth admission: Admit or deny that XYZ BANK SOUTH DAKOTA, N.A. cannot be
affected financially by the outcome of litigation against John Henry Doe and Patricia Doe, as if
the suit is lost, it is DEWEY, CHEATUM & HOWE, P.A.’s loss and if the suit is won, it is
DEWEY, CHEATUM & HOWE, P.A.’s win.

Commentary: this admission is necessary to determine whether conspiracy to commit fraud has
occurred.

Commentary on identity of the witness: All competent jurists know and understand that
statements of counsel are not facts before any court. Actual testimony of a competent fact
witness is required for the prove up of the claim of actual damages. The defendant and
counterclaimant is empowered to take testimony from any allegedly competent witness.

Print name _________________ title Officer of XYZ BANK SOUTH DAKOTA, N.A.

State of___________________

County of_________________

Before me this day appeared ____________________, known to me as the

person who made the above and foregoing statements of his own free will. My
commission expires

______________________________
Notary

Prepared and submitted by: _______________________________

John Henry Doe
 Certificate of Service
I, John Henry Doe and Patricia Doe, certify that ___________ ____, 2004, I mailed a true and
correct copy of the above and foregoing request for admissions via certified mail, return receipt
requested to:

RIGITT N. CHEATUM,
DEWEY, CHEATUM & HOWE, P.A.
COUNSEL FOR THE PLAINTIFF
Post Office Box XXXX
Orlando, Florida 32802-XXXX
___________________________
John Henry Doe
 IN THE CIRCUIT COURT
IN AND FOR BREVARD COUNTY, FLORIDA

XYZ BANK SOUTH DAKOTA, N.A. )

Plaintiff and defendant on )
Counterclaim, )
vs. ) Case No. 04-XXXX-XX
)
John Henry Doe and Patricia Doe, )
Defendants and plaintiffs on )
Counterclaim. )

Defendants and counterclaimants moves this court to compel defendant and plaintiff on
counterclaim’s request for production of documents

October 1st 2004, defendants and counterclaimants, John Henry Doe and Patricia Doe,
submitted the attached request for production of documents to plaintiff XYZ BANK SOUTH
DAKOTA, N.A. XYZ BANK SOUTH DAKOTA, N.A. has failed or refused to furnish the
requested discovery.

First document: All pages, front and back of XYZ BANK SOUTH DAKOTA, N.A.’s corporate
charter.

Commentary: All competent jurists know and understand that corporations are legal fictions and
have no acts apart from the corporation’s officers or authorized agents. XYZ BANK SOUTH
DAKOTA, N.A.’s corporate charter is necessary to determine if officers or authorized agents of
XYZ BANK SOUTH DAKOTA, N.A. can engage in consumer lending or bring suits in
foreclosure of consumer debts.

Second document: The account and general ledger of each and every contract XYZ BANK
SOUTH DAKOTA, N.A. alleges John Henry Doe and Patricia Doe has with XYZ BANK
SOUTH DAKOTA, N.A. showing all receipts and disbursements.

Commentary: All competent jurists know and understand that actual damages must be proved.
This court is noticed: John Henry Doe and Patricia Doe has given XYZ BANK SOUTH
DAKOTA, N.A. opportunity to prove up their claim. This court has knowledge that without
proof of damages, even if XYZ BANK SOUTH DAKOTA, N.A. wins, XYZ BANK SOUTH
DAKOTA, N.A. has nothing to collect in satisfaction of judgment.

Third document: The copy, front and back, of the contract XYZ BANK SOUTH DAKOTA,
N.A. alleges John Henry Doe and Patricia Doe have with XYZ BANK SOUTH DAKOTA, N.A.
showing any and all assignments or allonges.

Commentary: All competent jurists know and understand that to have standing to sue in
foreclosure of a debt, the holder in due course must be in actual possession, not theoretical
possession, of the actual instrument of debt. This court is further noticed: if XYZ BANK
SOUTH DAKOTA, N.A. has in fact transferred the debt instrument to another party, XYZ
BANK SOUTH DAKOTA, N.A. is working a fraud by attempting to collect without right —

fraud.

Fourth document: The copy, front and back, of the contract for services which XYZ BANK
SOUTH DAKOTA, N.A. has with DEWEY, CHEATUM & HOWE, P.A.

Commentary: this court has actual knowledge that defendant and counterclaimant has a right to
know the real party in interest. This court is further noticed: where attorney or law firm has
purchased evidence of debt, then brings suit in the name of another, the attorney or law firm has
committed felony fraud and has also likely engaged in champerty.

Prepared and submitted by:

_____________________________
John Henry Doe

Certificate of Service

I, John Henry Doe, certify that ___________ , 2004, I mailed a true and correct copy of the
above and foregoing request for production of documents via certified mail, return receipt
requested to: RIGITT N. CHEATUM, COUNSEL FOR NAMED PLAINTIFF

_____________________________
John Henry Doe