procedure section is that if a complaint is based on a written instrument the instrument must be attached to the complainer some affidavit explaining why it's not a big thanks i think are fairly simple in this case it's just small claims complaint was filed on august second twenty eleven summons the served on the defendant on aug eighteenth twenty eleven five days later the defendant filed a motion to dismiss based it was filed right of first appearance on august twenty sixth and that date the court rather then even go to court and in the court file the motion to dismiss rather than setting after hearing the court set the case for trial three thousand nine hundred forty seven dollars and the only thing attaches the assignment by the bank we can still state bank and trust to the collection agency there's nothing there's no  account any documents and nothing indicating why the plaintiff is liable for anything and i'm sorry the defendant is liable for anything else and i there's no discovery in small claims cases without leave  t in the hallway and asked her what you want to do she says the sentence affidavit says she that she's wants to have a motion to dismiss her she was told by pla understand what was said but the parties then went back out in there and there was no reporter if this proceeding you just went back out of the hallway  should have been aware of the record indicates a motion to dismiss was filed and the court i think the trial court should have an affirmative obligation at least in cases where the l specifically denied in the in the in the plaintiff's answer which was verified the east and all of settlement hargrave from the credit bureau for food program was also we sat down and i learned from the bank that miss ten rehabs written three checks were presented three checks to the bank within a week to ten days talking about eighty five hundred dollars the bank for whatever reason gave sixty four sixty five hundred dollars of those rejects act to her on those transactions and then boom boom boom one said ma'am we were not going to give you these checks this amount back from the tax and she said well i have this motion to dismiss i said yes i saw that and i said to the bank you have got a good point was have you been charged with a crime i asked you that because i've thinking doing a lot of criminal defense work that these checks are who boom boom that could easily be  practices charges in this community well maybe family court and i thinking that i could go down the state's attorney's office and find out a few cases put on her and then if we could collect it in small claims court to make sure our interest was was protect that was the only question i asked that she's filled out an affidavit and we had a bench trial you should also know that she sued us in small claims court again myself pro con and represented pro con for a fair debt collection violations we just had a trial on a couple days so all this stuff was vetted again in front of judge parents hundred buys with him and she testified that you know i said all these things to all these things to i know that none of that kate was she's trying now to get out of lawfully odette by filing these motions and filing these appeals here and suing people and doing these kinds of things so that's what happened i'm open for any questions i mean i just send me out send me x amount of dollars and i was right sending you a check for whatever i think was nine thousand or something like that in this case and you deposit there in your bank account and then  is basically based on so i think that however there are none of these facts you be considered because you're not on the record the only thing we have on the record is that the complaint was filed and it was not a proper complaint because