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INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
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Experience:  Licensed attorney helping individuals and businesses
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I have a small claims request in an I received a " REQUEST

Resolved Question:

I have a small claims request in an I received a " REQUEST FOR COURT ORDER AND ANSWER " BY the defendant Its said He is asking for this case to be dimissed because he
is stating "the order was signed by someone who was not named in the claim notice? This was served by the court in which the law suit was filed. 1) How long do i have to respond and how should i respond .
Submitted: 5 years ago.
Category: Legal
Expert:  INFOLAWYER replied 5 years ago.

INFOLAWYER :

Hello

INFOLAWYER :

Does the motion have a return date or date for appearance?

INFOLAWYER :

Typically, you would be able to file a response through and until the date of the appearance of the motion

INFOLAWYER :

which is normally scheduled within 30 days

INFOLAWYER :

In the response, you have to show the claim is without basis, that your claim has merit, and if you obtained an order, that it was duly issued and binding

Customer:

It has a date that the court received the() sc105 form and it is Dec 19,2011and the date he filed the motion of Dec 09 2011

INFOLAWYER :

Generally the court considers these matters orally

INFOLAWYER :

if on the court date a party want to put in written opposition, it does so by that court date

INFOLAWYER :

or it can appear on that date and seek to postpone the date

INFOLAWYER :

and seek to have time to file written response

INFOLAWYER :

The court usually grants initial extensions for any reason and especially if one needs time to review and respond

Customer:

Do I need to go to the court an file any new paper work or another motion/

INFOLAWYER :

What is your position on the motion briefly?

INFOLAWYER :

you should oppose it if you oppose it by affidavit

INFOLAWYER :

and have on record why the request should be denied

INFOLAWYER :

If I can clarify anything, please ask me

Customer:

I don't know why he thinks someone singed the order who was not named in the claim?

INFOLAWYER :

It frankly sounds ridiculous

INFOLAWYER :

and a court should dismiss it outright

INFOLAWYER :

but you should appear at the court dates concerning it

Customer:

Would this be a reason to get more time to get his case delayed

INFOLAWYER :

I hope that is fast and clear.

INFOLAWYER :

People do this for delay, out of desperation, or a misunderstanding of the law

Customer:

Thats what i was thinking thanks . as I understand I do not need to file any new motion but do need to appear on the court date

INFOLAWYER :

Precisely

INFOLAWYER :

Have a wonderful 2012

Customer:

thanks

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