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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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How do i fight a motion to dismiss. How long to I have to respond.

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How do i fight a motion to dismiss. How long to I have to respond. I received the letter a week ago today...What do i do..This case has escalated from small claims court to civil court me against a car dealer..he lost by default in small claims, refused to pay and now has filed a motion to dismiss in civil court...I neeed help i don't have a attorney

Thank you for your question.

What state are you in and what is the name of the specific court you are in?

I look forward to hearing back from you.

Customer: replied 3 years ago.

I'm in Kansas city, Kansas ..Civil Court

Thank you.

A Motion to Dismiss is filed pursuant to the following rule:

The way to fight a motion to dismiss is to file a "Plaintiff's Response to Defendant's Motion to Dismiss".

In that document, you need to address each of the Defendant's reasons why they are asking the Court to dismiss and you need to state why the Court should not dismiss. If the reason is because there is an objection to a deficiency in your initial petition (what you first filed), then you need to file an "Amended Petition" which corrects the deficiency.

All the documents you file with the court must comply with the following rule:

You must file your response within 7 days of the service of the motion. In this case, you need to look at the date on which the motion was mailed to you. You then count 10 days from the postage date. You must file your response by that date.


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Customer: replied 3 years ago.

ok ..ten days would be today

Then you need to file a response immediately. In the response, after you list the reasons why your case should not be dismissed, you need to ask the court to deny the defendant's motion.

Please let me know if you have further questions on this subject. In the meantime, please rate my answer positively so that I might be compensated for my work on your question. This will not end your ability to reach me to ask follow up questions which are in the scope of the original question you have posed and I will be pleased to continue to help you.

Best Regards,