Answer the lawsuit and ask for dismissal

Posted by Taziblue (64.157.254.229) on January 30, 2004 at 14:37:01:

In Reply to: Should I answer now or wait and fight in court? posted by MCM bait on January 30, 2004 at 08:46:45:

First, always answer a lawsuit, even if it is with a motion to dismiss.

Second, they don't get to bring information to court after the pleading- it must be attached to the original complaint. No trial by ambush.

Third, they might not have any documentation. So, go for a dismissal.

If I were you, I would file a motion to dismiss, Wait until Sat and I will list all the possible options for that motion. That will take you off the docket with the rest of the cases and they will have to make a special effort to appear.

If you lose the motion, then you get a new court date and an option once again to answer the suit. I would answer even if you don't have to, because that way you might get them to rethink the suit.

Basically think of it this way, they are counting on you not showing up. They will get 20-30 judgments on one appearance. So, change the game and fight on your terms.

One more thing, if you can make sure this past sol, go get a lawyer and you will get your case dismissed and some $$$ as well.

Good luck to you.

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