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Why Chat, Taziblue Assistance please


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Posted by LRM (12.98.226.194) on February 02, 2004 at 13:28:56:

Before I make another mistake, please direct me with the following: Last week I wrote about the Motion to dismiss I filed re a collection atty who filed a complaint and summons against me (which I answered and filed) and never, after sending validation letter to atty, received any response. Nothing further heard so I thought it would be a good idea to get it dismissed and off the court's records. Inadvertently omitted sending the motion to the coll. atty and Court has put my request for dismissal on calendar for March 29th, but Ordered me to serve the coll atty with the omitted motion to dismiss. You guys said I should have left alone for at least a year and to file a request for dismissal of motion to dismiss. Have typed it all up and will file with clerk, but need an answer regarding it Before I file it:

Since the Judge's Order putting my motion to dismiss on the March 29th calendar was also copied to the collection atty, wouldn't my filing a request to dismiss my original motion be like admitting I owe the amount the coll. atty wants? Should I just leave it go and let it stay on the calendar for dismissal and appear in Court on the 29th of March. If so, can they come that day and still attempt to collect from me or to refute the dismissal even if they have never validated the debt to me?????

Please respond so I will know what way to go. Don't want to file new motion if I'd be making things worse. Thanks a million, once again.

Linda


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