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Law Educator, Esq. (ONLY) This is on motion to strike) I can…

Law Educator, Esq. (ONLY) Good day...
Law Educator, Esq. (ONLY)
Good day again,
(This is on motion to strike)
I can not remember if Unfair Trade practice Art and FDCPA can be added to motion to strike
(This is the regular woman)
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Answered in 35 minutes by:
3/15/2018
Law Educator, Esq.
Category: Bankruptcy Law
Satisfied Customers: 125,970
Experience: Attorney At Law handling education matters.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What do you mean added to the motion to strike?

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Customer reply replied 4 months ago
can they be argued in a motion to strike?

Thank you for your reply

In the motion to strike you can only argue what was in the complaint that you are seeking to strike. You do not argue new issues in a motion to strike. You argue only the issues you need stricken.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 4 months ago
I mean if I can ask the issue in the complaint to be stricken because the plaintiff violated the CUTPA and FDCPA in the underlying case

Thank you for your reply.

You want to strike which issue in the complaint? That is where I am afraid I am not understanding what you are getting at here.

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If you say they violated the CUTPA and FDCPA why would you want to strike those issues?

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Customer reply replied 4 months ago
I want to strike the complaint and the prayers of relief in the complaint
I want them stricken because
1. PLAINTIFF COMMITTED EXTRINSIC FRAUD UPON THE DEFENDANT
2. Plaintive COMMITTED EXTRINSIC FRAUD UPON THE COURT AND TORTS IN VIOLATION OF 2005 CONNECTICUT CODE -SEC. 53A-155(A) (1) (2) (B).
3. Plaintiff failed to name indispensable part
So I am asking if I should add that the complaint and the prayers for relief should be stricken because
4. plaintiff is in violation of CUTPA
5. plaintiff attorney is in violation of FDCPA
Customer reply replied 4 months ago
It is the plaintiff's foreclosure complaint and prayer for relief that I want the Court to strike , I am the defendant.

Thank you for your reply.

No, that is not grounds to strike the complaint. Violations of the CUTPA and FDCPA are a separate cause of action, not grounds to dismiss or strike the claims.

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Customer reply replied 4 months ago
Thank you.
Can they be used for self defense?

Thank you for your reply.

No, they are causes of action that you can sue under.

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Customer reply replied 4 months ago
I can not use them as self defense against the plaintiff foreclosure complaint? I thought you said I could the other day when I was working on the self defense. Maybe it was the counterclaim you told me I could use them for.

thank you for your reply.

No, those are not defenses, they are counterclaims. I thought that is what we discussed, the consumer claims as counterclaims.

Law Educator, Esq.
Category: Bankruptcy Law
Satisfied Customers: 125,970
Experience: Attorney At Law handling education matters.
Verified
Law Educator, Esq. and 87 other Bankruptcy Law Specialists are ready to help you
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Customer reply replied 4 months ago
Thank you so much.
I think that I am missing them up because they are too many that I am doing at the same time. I have been sitting here since 2AM and I have not eaten anything all day and I have not left my room. This is tough.
Thank you so much. I appreciate your help.

Thank you for your reply.

Yes, there is a ton going on in your case. You need to go take a break.

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