Might indeed get it thrown out temporarily

Posted by begoodorelse (66.207.255.28) on March 11, 2004 at 18:33:09:

In Reply to: Re: Do point out they're not licensed Cause for dismissal ? posted by Taziblue on March 09, 2004 at 15:37:41:

Well, upon further reflection, you may be right.

If the judge catches the fact that a lawyer is not licensed in that state (in Florida, as in most states, you have to put your Florida Bar number on all papers filed in court) then anything that person files could be considered a "nullity", and the judge probably would dismiss it, but might give the plaintiff a chance to find a new one or give the lawyer a chance to move for admission "pro hac vice" just for that case.

Now if the CA is the one not licensed in the state, that would probably NOT be enough to get it chucked, so long as they have a licensed lawyer representing them, but certainly would be grounds for a counterclaim under FDCPA or state law, maybe enough to outweigh the debt.

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