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motion to dismiss

Circuit Court Summons, received by personal service, identifies my father as the defendant because it does not include "Jr" in any of the documents. There is no certificate of service accompanying the original complaint. 


The original complaint was filed Sept 23 2021, one day before statute of limitations expired and I never received notice of its filing. 


A motion for exemption from one year rule was filed Aug 29 2022 and I never received notice of its filing.


This summons was issued Sept 2 2022 and was supposedly sent by mail on Sept 6 2022 but it also was never received.


I have reason to believe nothing was ever mailed. I think the certification of it being mailed 9/6/22 is a lie/fraudulent because it was not filled out completely on the summons. There is no evidence of any mail ever being sent to my address which has been the same for many years. If it was mailed and delivered to the addressee (my father) it would have been transferred to my possession. I have no reason to believe that my mail carrier would prevent any mail from reaching me or my family. 


Do I file motion to dismiss for improper service and/or mistakes, excusable neglect, fraud, etc? What is the best way to respond without costs?



Best Answer
Hi Cameron Bush,

We appreciate you reaching out. Please note that here at SoloSuit we are not attorneys. So this means that we do not provide any legal representation, legal advice, or guidance as to what you should or should not do. 

Any questions regarding what documentation you should use for your case are best directed to the court. You can find the name of the court on your Summons and Complaint document. Once you speak to the court to find out what documents you need to submit, then you can look over our service. SoloSuit offers a variety of documents that help you win your debt lawsuit:
 
Answer to a Complaint and Summons — When you’re sued for a debt, you receive a Complaint and Summons, also called a Petition or Warrant for Debt. To respond, you need to file an Answer document within the deadline. You can create an Answer on our site. When you’re done we’ll have an attorney review it, and get it filed for you. Many debt collectors will simply drop the case after receiving our response. And it costs only a fraction of the price of a traditional attorney.

You need the Summons and Complaint documents to complete your Answer. You can choose either our Free, Standard, or Premium packages.

Free: you can create your document for free on our site. You just answer the questions and we'll complete your Answer. However, you need to file it on your own and that's often the hardest part.

Standard: you can purchase the Standard package for $47. You can generate your document for free and then we'll file it for you. We send the Answer by USPS Certified 3-5 Day First-Class Mail to the court and to the opposing attorney. When available, we e-file it for speedier filing.

Premium: you can purchase the Premium package for only $197. You create your Answer for free, then we have an attorney review it and we file it for you. An attorney reviews your Answer and suggests needed changes. We file by USPS 2-3 Day Priority Mail and provide you with the tracking numbers. When available, we e-file it for speedier filing. Additionally, in certain states including CA, GA, PA, FL, TX, IL, and AL we provide a free 15 minute phone consultation with an attorney. 

Get started here by clicking here ----> https://www.solosuit.com/debt_answer
Video Walkthrough/Step-by-Step instruction -----> https://www.loom.com/share/f2ac016d34b94783997c1903fd49b286

Motion to Compel Arbitration — this powerful document makes it easy to win your case. The Motion to Compel Arbitration is a document sent by someone being sued for debt to their debt collector. If your credit card or loan agreement includes an arbitration clause, our document is likely a great option for you. It uses the arbitration clause in your credit card agreement against the collector. This makes it more difficult and more expensive for the collector to come after you. Many debt collectors will simply give up after receiving our Motion to Compel Arbitration.

Debt Lawsuit Settlement Letter this document will help resolve the lawsuit quickly. A Debt Lawsuit Settlement Letter is a powerful document that offers the collector an arrangement to settle the debt outside of court. While you may want to win the lawsuit and pay nothing, agreeing to close the case by paying the person less than the face value of the debt could be more realistic. Offering to settle is most effective when it is sent to the collector soon after filing a document in the lawsuit, like an Answer.

Debt Validation Letter — A Debt Validation Letter is a letter sent by a consumer to a debt collector. It asserts your rights under the Fair Debt Collection Practices Act (FDCPA). It requests the collector show proof you owe the debt, requires them to stop contacting you for any other reason, and demands they report the debt as disputed. Many debt collectors will simply give up after receiving a Debt Validation Letter.
Get started here: https://www.solosuit.com/debt_validation_letter

We don't offer a mailing service for the MCA, DLSL, or DVL; so, you can use SoloSuit to create the documents but you'll need to send them on your own.  

SoloSuit isn't a law firm so we don't provide representation or legal advice. At this time, we do not help with interrogatories, admissions, hearings/trials, or mediation.

 
 
Deja Bryant
SoloSuit
Closing the Justice Gap

DISCLAIMER: SoloSuit is not an attorney. SoloSuit is not your attorney. We do not provide legal advice nor do we practice law. This correspondence is not legal advice. SoloSuit is a self-help tool. We provide no guarantee regarding case outcomes nor are we liable for any case outcomes. SoloSuit is a product provided by Lawble, Inc, which also is not your attorney and does not provide legal advice. 
1 Comment

Answer
Hi Cameron Bush,

We appreciate you reaching out. Please note that here at SoloSuit we are not attorneys. So this means that we do not provide any legal representation, legal advice, or guidance as to what you should or should not do. 

Any questions regarding what documentation you should use for your case are best directed to the court. You can find the name of the court on your Summons and Complaint document. Once you speak to the court to find out what documents you need to submit, then you can look over our service. SoloSuit offers a variety of documents that help you win your debt lawsuit:
 
Answer to a Complaint and Summons — When you’re sued for a debt, you receive a Complaint and Summons, also called a Petition or Warrant for Debt. To respond, you need to file an Answer document within the deadline. You can create an Answer on our site. When you’re done we’ll have an attorney review it, and get it filed for you. Many debt collectors will simply drop the case after receiving our response. And it costs only a fraction of the price of a traditional attorney.

You need the Summons and Complaint documents to complete your Answer. You can choose either our Free, Standard, or Premium packages.

Free: you can create your document for free on our site. You just answer the questions and we'll complete your Answer. However, you need to file it on your own and that's often the hardest part.

Standard: you can purchase the Standard package for $47. You can generate your document for free and then we'll file it for you. We send the Answer by USPS Certified 3-5 Day First-Class Mail to the court and to the opposing attorney. When available, we e-file it for speedier filing.

Premium: you can purchase the Premium package for only $197. You create your Answer for free, then we have an attorney review it and we file it for you. An attorney reviews your Answer and suggests needed changes. We file by USPS 2-3 Day Priority Mail and provide you with the tracking numbers. When available, we e-file it for speedier filing. Additionally, in certain states including CA, GA, PA, FL, TX, IL, and AL we provide a free 15 minute phone consultation with an attorney. 

Get started here by clicking here ----> https://www.solosuit.com/debt_answer
Video Walkthrough/Step-by-Step instruction -----> https://www.loom.com/share/f2ac016d34b94783997c1903fd49b286

Motion to Compel Arbitration — this powerful document makes it easy to win your case. The Motion to Compel Arbitration is a document sent by someone being sued for debt to their debt collector. If your credit card or loan agreement includes an arbitration clause, our document is likely a great option for you. It uses the arbitration clause in your credit card agreement against the collector. This makes it more difficult and more expensive for the collector to come after you. Many debt collectors will simply give up after receiving our Motion to Compel Arbitration.

Debt Lawsuit Settlement Letter this document will help resolve the lawsuit quickly. A Debt Lawsuit Settlement Letter is a powerful document that offers the collector an arrangement to settle the debt outside of court. While you may want to win the lawsuit and pay nothing, agreeing to close the case by paying the person less than the face value of the debt could be more realistic. Offering to settle is most effective when it is sent to the collector soon after filing a document in the lawsuit, like an Answer.

Debt Validation Letter — A Debt Validation Letter is a letter sent by a consumer to a debt collector. It asserts your rights under the Fair Debt Collection Practices Act (FDCPA). It requests the collector show proof you owe the debt, requires them to stop contacting you for any other reason, and demands they report the debt as disputed. Many debt collectors will simply give up after receiving a Debt Validation Letter.
Get started here: https://www.solosuit.com/debt_validation_letter

We don't offer a mailing service for the MCA, DLSL, or DVL; so, you can use SoloSuit to create the documents but you'll need to send them on your own.  

SoloSuit isn't a law firm so we don't provide representation or legal advice. At this time, we do not help with interrogatories, admissions, hearings/trials, or mediation.

 
 
Deja Bryant
SoloSuit
Closing the Justice Gap

DISCLAIMER: SoloSuit is not an attorney. SoloSuit is not your attorney. We do not provide legal advice nor do we practice law. This correspondence is not legal advice. SoloSuit is a self-help tool. We provide no guarantee regarding case outcomes nor are we liable for any case outcomes. SoloSuit is a product provided by Lawble, Inc, which also is not your attorney and does not provide legal advice. 
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