Re: Heading to court / Looking for a dismissal

Posted by WA can kissit!!! (65.248.165.108) on June 03, 2004 at 14:34:12:

In Reply to: Re: Heading to court / Looking for a dismissal posted by Why Chat on June 03, 2004 at 14:24:11:

Read my post on W&A on 5/26 and again today.

What I did was file my Notice of Intent to Defend (in some states called an answer.) Then I sent a letter to the clerk of the court asking the judge to grant a Motion to Dismiss, on grounds of SOL. State when the SOL started in your particular situation and point out the time limit.

When these jerks either a) find out you have answered and will defend yourself or b) find out you have requested a motion to dismiss (by the way, make sure you cc the creditor and the lawyer and send them both copies of your letter - certified) they will call all nice trying to "work it out". Don't. Wait until the judge looks at your request. Since it's only a month away as well, I'm surprised you don't get a reassigned court date for filing your answer. WEll, at least in MD they do that. If nothing happens, I'd ask for a postponement the week before the court date. That will give you more time to get your ducks in a row. What ever you do DO NOT back down, nor give them any of your own documentation or records. It's up to them to provide it. And you also, by law, have a right to see how they have arrived at what you owe.

Follow Ups:

Post a Followup