71 Kelly Way, Monmouth Jct., NJ 08852

Thomas Varkey

71 Kelly Way, Monmouth Jct., NJ 08852

212-725-8885

NEW CENTURY FINANCIAL SERVICES, INC,
Plaintiff,
vs.
THOMAS VARKEY
Defendant. / :
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: / SUPERIOR COURT OF NEW JERSEY
LAW DIVISION, MERCER COUNTY
DOCKET NO. DC-005173-14
CIVIL ACTION
MOTION TO DISMISS OR TRANSFER VENUE (Oral Argument Requested)

In opposition to Plaintiff’s 2 motion(s) served on 11/28/14, defendant Thomas Varkey requests oral argument before the trial. In case of a trial adjournment it shouldn’t be in January 2014 as Defendant is away from the country.

As it relates to venue, it appears that the creditor is merely forum shopping. The first suit was brought in Middlesex County. When the creditor abandoned the litigation, it decided to file suit in a different jurisdiction which is inconvenient to me and Meditech Staffing. The company never did business in the new county; so venue is improper. The court should transfer venue back to Middlesex County which was the principal place of business for the business.

Second, Thomas Varkey never signed any documents with the creditor in his individual capacity. The certification the creditor references does state that the owner and the company is liable for the debts but there is no specific reference to any debt. Additionally, the creditor cannot provide any documentation signed by Thomas Varkey in his individual capacity. As such, there is no personal guarantee from him for the debts of the business.

In regards to the discovery interrogatories, during the oral argument on 11/3/14, Judge asked Plaintiff’s representative to mail a copy of the interrogatories to Defendant again but Plaintiff did not do so. Moreover, such interrogatory requests are unduly burdensome and irrelevantsince Thomas Varkey is not the proper party in the suit. Also, my personal information is irrelevant since the creditor lacks a personal guarantee from me.

THE ACTIONS of Plaintiff and their predecessors constitute unconscionable commercial practices, deception, malice, misrepresentation, and fraud and constitute action and omissions that violate CFA and the fair Debt Collection Act and constitutes breaches of contract.

WHEREFORE, defendants demand judgment dismissing Plaintiff’s complaint together with money for damages, fees, costs and other relief as may be equitable and just.

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

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Thomas Varkey/12/3/2014