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we have received a civil summons charging us with libel, slander and defamation of character. the certificate of compulstory arbitration has not been completed properly. regarding costs does/does not (neither one is crossed out. and this case is/is not subject to the Uniform Rules of Procedure for Aribitration. Can we file a motion to dismiss based on the fact that the paperwork has not been completed properly. Additionally, if that is so, does that stop the deadline to answer the charges.
Submitted: 310 days and 19 hours ago.
Category: Legal
Value: $30
Status: AWAITING CUSTOMER ACTION
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wickenburg, Arizona
Already Tried:
nothing
Posted by
porterlegal
310 days and 19 hours ago.
Answer
Dear XXXXXXXXX,
You can try the motion to dismiss, but it may not work - just depends on what the judge decides. It doesn't not stop the deadline to file an answer. It is really important to file an answer, and a counter-petition with it if you have charges you would like to make against the other person.
If you don't have an attorney yet, you can file your answer by simply saying "admit" or "deny" to each part of the petition. It doesn't have to be complicated or have detailed explanations - that comes later.
If the suit continues, you should look for a good attorney to defend you. They know the court rules, the law and the other rules that have to be followed. An attorney will make sure that all deadlines are met, that the other side provides the information required and when it is necessary to file motions. Civil cases have a lot of rules and most of them are tough to understand.
If this has been helpful, please click the green "ACCEPT" button so I may get credit for my work. I can still answer your follow up questions and will be happy to do so. Please understand that the information I give you is general and not intended to form an attorney/client relationship.
Dawn Porter
310 days and 18 hours ago.
Reply
a local civil attorney was asked this question and mentioned to cite az rule 12 for themotion to dismiss and that once that is filed, it stops the deadline to answer.. the suit is a nuisance suit because we have already taken this person to court. he failed to respond and we won the judgment. we have already been to court to receive all his financial information has he has failed to pay what has been judged against him. at the time he told the judge he needed an additional 3 weeks to ge the rest of the money to pay us. we have to be back in court on Tuesday. we need to file a response to this motion prior to January 29.
Answer
I would still advise to file both the motion and the answer - just to preserve your rights. If you are working on this without an attorney, it's always better to be safe than sorry.
Also, if this is a nuisance suit and the other party hasn't paid from the last time, you may want to keep it alive and collect damages. You'd probably have to file for contempt under the last suit to get paid that money, but once you get the court's judgment against the party you will have the right to garnish paychecks, bank accounts, or get a lien on their house. Just a thought, and it might be more trouble than it's worth.
If all you want is to get it dismissed, file your motion. But have your answer ready to file by the deadline to be safe.
Dawn Porter
Expert:
porterlegal
Pos. Feedback:
93.8 %
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Answered:
1/16/2009
Attorney
Four years experience in a variety of legal areas.
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