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?
State/Country relating to question: Maryland
I tried to finish case with my Credit Card company, but no luck so far.
HiCustomerYes, 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.
Areas of practice: Landlord/Tenant, Bankruptcy, Consumer Debt
Is there any chance that you have something like general Motion to Dismiss letter that I can use just to change few things around?
Thank you for accepting my answer! What is the name of the court that issued the judgment?
District Court of Maryland for Montgomery county....
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.
Thank You very much Christina. I added 10$ bonus for you.I will try to modify file you sent me to suit my case.
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