Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
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a) Do I or should I answer this verified reply by the plaintiff. - Only to the extent that he brought up new allegations (rather than a denial of yours) would you need to answer them. It does not appear that he is bringing up new causes of action (which would require an answer) but merely a defense (which would not require any additional answer or response on your part to this verified answer to your counterclaims).
b) Can he ask the judge to basically ignore all of our claims based on nothing more than his request for dismissal.- This sounds like a "prayer" which is what the party asks the court for.
It is NOT a motion. That is, for the court to actually do something (such as dismiss, or issue a summary judgement, etc...) there has to be a motion to do so. That would be a "motion to dismiss" or a "motion for summary judgement", etc...
He would have to ask the court to take that action by filing such a motion, and that typically only happens if there's no evidence, or there's some defect in your pleading that would allow a dismissal. It would have to be as a "matter of law" rather than of evidence, which means it would have to be jurisdictional, or something outside of the statutes of limitation, or a failure to plead a cause of action on which relief could be brought. But again, for the court to do ANYTHING, he would need to ask the court to do so in a motion. The answer itself is not a document that would ask the court to actually enter a motion to dismiss or for summary judgment.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate this answer either a 3, 4, or 5 (good or better). Please note that I do not get any credit for this answer unless and until you rate it that way. Thank you, XXXXX XXXXX good luck to you!
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Should I continue to await your response, or may I assist the other customers that are waiting?
My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. Thank you, XXXXX XXXXX luck to you!
Sorry, I am at work and needed to finish something, your answer is very insightful. At this point do I just wait for a court date and gather as much evidence for my counter claim?
Yes, you could do that. You could also engage in "discovery" if possible (where you make requests for information, documents, etc... from the other side, although this is a bit more involved, and I would suggest that you check out a book on self representation from the library to give you more insight in to that.
My claims are varied, can I send them to you for your input?
Unfortunately I can't review or give specific advice regarding your specific case, as that would constitute "legal representation" and would violate the terms of service of this site...
Got it. Well thank you very much.
My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!
How can I get a print out of our conversation today?
After you rate this, this will switch from chat to Q&A, at which point you'll be able to print it out, or copy and paste, etc...
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You're welcome, and again, good luck to you!