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Dwayne B.
Dwayne B., Attorney
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Experience:  Began practicing law in 1992
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Can you share thought on use of an abatement in place of a

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Can you share thought on use of an abatement in place of a motion to dismiss a defective pleading when the plaintiff lacks standing and the court lacks jurisdiction over the subject matter or the person of the defendant ? I ask because I've been involved in cases as defendant where a rogue judge would deny my motion (to dismiss, strike or for more definite statement) as way to get jurisdiction over me after I "moved" the court. Several state rules say that jurisdiction is not granted until you move the court and the motion is denied. Then once the court has jurisdiction the civil "contempt" hammer has been pulled out when the judge didn't want me exposing the facts on the record. Seems like abatements are useful replacement for motions to kick a bogus suit out without waiving jurisdiction and allowing the court to get their clutches into you Thoughts on practical use of abatements for this purpose- hypothetically speaking of course. thx
Submitted: 2 years ago.
Category: Legal
Expert:  Dwayne B. replied 2 years ago.
What reason or grounds would you use for asking for an abatement?
Customer: replied 2 years ago.
these are mostly credit card cases where defects are that the plaintiff is definitely not the real party in interest (since the original notes/ contracts have been securitized via a FASIT and sold multiple times) and lacks standing. As plaintiff lacks standing the court lacks jurisdiction. Many times service is bad and even had process servers file false affidavits of service. Happens a lot in CC cases and foreclosure cases.

Also the complaints are usually never verified, although usually are accompanied by a purported "affidavit" of facts from some mail room lackie claiiming to be the VP of some department. I've subpoenaed these "VPs" and they lack credibility and first hand knowledge and are easy to blow away their "facts". So the complaints are never accompanied with any admissible evidence either.

They are essentially a fraud upon the court but 9 out of 10 people don't know any better.
Expert:  Dwayne B. replied 2 years ago.
But abating a case is just asking the court to put it on hold for some reason. It doesn't dispose of the case so I'm not sure why you would want to use it.

Customer: replied 2 years ago.
primary reason is to not give the court jurisdictioin over the person of the defendant. In several states "special" appearances are no longer recognized so when you generally appear by moving the court with the typical motion to dismiss I've had some judges (whose pension plans were invested in the same banks they were hearing cases on) try to shut me down once they had jurisdiction.

had judges refuse to recuse themselves in open court and had bailiff come towards me just waiting for the "contempt'": word out of judge's mouth to grab me.

I try to play by the rules but pro se litigants are a threat especially when we are half decent at this.

Usually when the other side knows they don't have the judge hooking them up anymore because they don't have jurisdiction they usually dismiss the case and save a lot of time dragging it out at great expense.

Expert:  Dwayne B. replied 2 years ago.
By asking the court to abate you are submitting to the jurisdiction unless you are talking about the antiquated "plea in abatement" which isn't used very much any more and isn't in the federal rules and so can't be used. It was really only used when they sued you in the wrong venue or the court lacked personal jurisdiction over the person of the defendant, such as when they were sued in the wrong state.

I don't think you're going to get anywhere with this argument.

However, you may want to look for an FTC report that was released in the last year in which they addressed the issues that were occurring with suits being brought against the wrong person, in the wrong court, after the statute of limitations had run, with no service, etc. I didn't read the report, just articles on the report but I would think ti would be a valuable tool in these kinds of cases.


Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 2 years ago.
excellent- will tip as well for extra input.

last ? I was going to file Notice of Abatement instead of plea in abatement as you referenced since a Notice is just that and I'm not asking permissing, thereby granting jurisdiction.

thx for thorough answer. if you don't mind sharing insight on last comment that would be great. thx
Expert:  Dwayne B. replied 2 years ago.
A notice of abatement isn't valid in federal court and doesn't do anything. There is no federal notice of abatement.


Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27092
Experience: Began practicing law in 1992
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Customer: replied 2 years ago.
tech problem with site when I accept answer. will keep refreshing and waiting for them to fix and will tip as well thx

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