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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Im own rental property and a tenant is suing me. The rental

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I'm own rental property and a tenant is suing me. The rental property is in an LLC, however, they sued me personally. I wrote to someone yesterday and he said that I should file a motion to dismiss and not filing a small claims answer. My follow-up question is this- by law,I am supposed to send a copy of the small claims answer to the plaintiff, but since I'm not filing a small claims answer,do I need to send the plaintiff a copy of the motion to dismiss. Thanks
Thank you for your question. Please allow me respond to your follow-up.

The answer is most assuredly 'yes', you do have to inform the plaintiff of the motion to dismiss. They have the right and the ability to contest your motion and attempt to keep you in the suit as a defendant. While a judge decides the motion, all parties get a chance to make arguments for or against it first.

Good luck.
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