Lawsuit in Magistrate’s Court Re creditor claim

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Lawsuit in Magistrate’s Court Re creditor claim - Motion to dismiss

Denise Fenters

started a topic 2 months ago

I’ve been sued by a collection agency who bought a credit card debt I owe in magistrate’s court. I have filed an answer. We have court scheduled for Thursday. They filed suit in a county I no longer live In. However I was served with the complaint in that county. Would it be proper for me to file a motion to dismiss stating that jurisdiction is improper? Also they didn’t file the original contract I signed with the credit card company nor did they provide a statement of charges/payments with the complaint. Couldn’t I also get it dismissed based on frcp 12b? Thanks

Best Answer

Deja Bryant said 2 months ago

Unfortunately, we are prohibited by law from giving legal advice and so we do not give any legal advice. If you need the Motion to Dismiss template, then we can send it to you. You can email us at support@solosuit.com

However, we do not help you in sending it out.

Our service is designed only to help you to respond to the Summons and Complaint document. The initial answer document is meant to help you respond to the Summons and Complaint document. To avoid a default judgment, which is when the plaintiff's attorney receives the automatic win of your money.

With the initial answer document (as long as it is in the designated time or a few days after it's due), you will avoid the default judgment from happening. You will now have a chance to fight your debt with the help of an attorney, free legal aid, or your local bar association.

You can only use our service if you have a Summons and Complaint document.

If you need to respond to your Summons and Complaint document, you can begin the process at https://www.solosuit.com/debt_answer and choose either Free, Standard ($47), or Premium ($197) service.

1 Comment

Deja Bryant

said 2 months ago

Answer

However, we do not help you in sending it out.

You can only use our service if you have a Summons and Complaint document.

If you need to respond to your Summons and Complaint document, you can begin the process at https://www.solosuit.com/debt_answer and choose either Free, Standard ($47), or Premium ($197) service.