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Category: Consumer Protection Law
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Experience:  Areas of practice: Landlord/Tenant, Bankruptcy, Consumer Debt
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Motion to vacate judgment against me was granted today.Do I

Customer Question

Motion to vacate judgment against me was granted today.Do I need to file and how move to dismiss notice in order to finish case. My Credit card Co., sued me , and collection agency made several mistakes, including serving court papers to someone else( or used sewer service). I had papers that I brought balance to zero, and they could not produce evidence to validate debt.
Shall I go for move to dismiss, and how?
Thanks
Submitted: 5 years ago.
Category: Consumer Protection Law
Expert:  cfortunato replied 5 years ago.
HiCustomer
Yes, the next step would be to get the case dismissed with prejudice based on the fact that you do not owe the money.
To have the case dismissed, you would file a "Motion to Dismiss" with the clerk at the court that issued the judgment. After filing the Motion, you will have to "serve" it on the attorney representing the credit card company.
The "Motion to Dismiss" can be typed. The format should be very similar to the "Complaint" - the caption will be the same, but instead of "Complaint", it should say "Motion to Dismiss". Under the Caption and Heading, there should be numbered paragraphs (like in the Complaint), listing all the reasons why the case should be dismissed with prejudice. At the bottom, you would put your signature.
The reason for adding "with prejudice" is that "without prejudice" means the credit card company might be able to commence another lawsuit after this one is dismissed.
cfortunato, Lawyer
Satisfied Customers: 8023
Experience: Areas of practice: Landlord/Tenant, Bankruptcy, Consumer Debt
cfortunato and 4 other Consumer Protection Law Specialists are ready to help you
Customer: replied 5 years ago.
Is there any chance that you have something like general Motion to Dismiss letter that I can use just to change few things around?Smile
Expert:  cfortunato replied 5 years ago.
Thank you for accepting my answer!
What is the name of the court that issued the judgment?

Customer: replied 5 years ago.
District Court of Maryland for Montgomery county....
Expert:  cfortunato replied 5 years ago.
Here is a Motion to Dismiss for a different court (you have to change the name of the court, among other things):
http://docs.justia.com/cases/federal/district-courts/maryland/mddce/8:2008cv02767/162778/16/0.pdf.

Here are general instructions for Montgomery County.
http://www.smartrules.com/states/Maryland/Montgomery-Circuit/Dismiss-Motions-745-25-374.html.
Customer: replied 5 years ago.
Thank You very much Christina.
I added 10$ bonus for you.
I will try to modify file you sent me to suit my case.
Expert:  cfortunato replied 5 years ago.
Thank you!

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Areas of practice: Landlord/Tenant, Bankruptcy, Consumer Debt