Today is the Day to Start Asking Your Dealing With Debt Collector Lawsuit Questions
January 29th, 2010. Published under Business Scams, Scams. No Comments.
FYI, today and tomorrow I am answering questions regarding how to deal with debt collectors, debt lawsuits and related topics on my book’s Facebook fan page (discussions). If this works well I may do more question and answer sessions each month. Here is the first question posted today Question: In your book, you state that you must answer the summons in order to file a Motion to Dismiss and sworn denial. Makes sense, but what I’m unsure of is the timing for filing the Motion to Dismiss and sworn denial. Do I file these with the clerk of court at the same time I file my answer or sometime later? Answer: In most states you can file a motion to dismiss (and the sworn denial) as soon as you answer the summons. You should be able to file it at the same time you file your answer with the court. You would need to file them at the court clerks office, make sure you have 3 notarized copies. One for the court, one you must send to the plaintiff’s attorney and one for your files. You may also need to write up a verification (that it was sent) and include it with the papers you file with the clerk and include a copy in the papers you send to the opposing attorney. You may want to check your local court rules and your states “Trial Rules” which are sometimes called Rule of Civil Procedure” to see if there is a rule regarding pleadings and motion time-frame to file). Post your questions today and tomorrow (1/29 – 1/30 2010). If you haven’t read my book Stick It To Sue Happy Debt Collectors , I encourage you to take a look. Allen
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Today is the Day to Start Asking Your Dealing With Debt Collector Lawsuit Questions