Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

I am filing Motion for Dismissal for 3rd party debt collector

in MA. I live in...
I am filing Motion for Dismissal for 3rd party debt collector in MA. I live in Hawaii. I haven't even lived in MA for 2 years , never heard of them or their lawyer before summons issued, and was not properly served (just recevd pic, from friend, of paperwork- who recvd paperwork w just my name in their mailbox-but had not been mailed and I have never lived at that residence).


I am filing: Answers, Letter & Motion for Dismissal, Sworn Denial, and Discovery (Req to Produce, Interrogatives/Admissions).

Will any of these waive my Jurisdictional challenge?

Court said I should def send at least Answers and Letter for Dismissal for being out of state, nor properly served.

Also - should I cite pursuant to HI Civil Procedure or MA's for Discovery/Admissions?
Show More
Show Less
Ask Your Own Legal Question
Answered in 10 minutes by:
5/9/2013
Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31,871
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified
Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.

If you issue discovery, you could be waiving your challenge to jurisdiction because that's submitting more than a pleading.

You're better off to file an Answer, and begin your answer with a motion to dismiss claiming improper service of process and insufficiency of process and then give your answer paragraph by paragraph to the allegations in the complaint.

Mass. Rules of Procedure govern the case - - not Hawaii - - if the case was filed in Mass.

If your case is dismissed, there's no need to do discovery. If your case were not dismissed for some reason, you could then file your discovery.
Ask Your Own Legal Question
Customer reply replied 4 years ago


I've been told to make sure I include my Sworn Denial.. what is your opinion?

If you file an answer, there's generally no need for a sworn denial.

This is so because your answer to the complaint - which you sign and have notarized - IS a sworn and verified answer. This, there's generally no need for a sworn denial. That said, there's nothing wrong with attaching an affidavit denying the debt - but your sworn answer is doing that already.
Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31,871
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified
Roger and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask Roger Your Own Question
Roger
Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31,871
31,871 Satisfied Customers
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters

Roger is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I filed a motion to dismiss under 12 6 and 12 5,, the judge
I filed a motion to dismiss under 12 b 6 and 12 b 5,, the judge denied the motion on 12 b 6, however, stated that the plaintiff serve or file proof of service by a certain date. The plaintiff did neit… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
If a debtor in a chapter 11 files a motion to dismiss their
If a debtor in a chapter 11 files a motion to dismiss their bankruptcy case, and if the motion is granted by the bk court, when can the same debtor file for a new bankruptcy case? I am looking to unde… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
Can you tell me how to respond to a motion to dismiss I am
please can you tell me how to respond to a motion to dismiss I am the plaintiff … read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
Esq.(ONLY) Motion to dismiss the foreclosure complaint was
For Law Educator, Esq.(ONLY) Good day, Motion to dismiss the foreclosure complaint was denied. I am preparing to file objection to the foreclosure complaint base on the fact that the property is prote… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
1) I have to answer a motion to dismiss where I am the
Second opinion] Hello 1) I have to answer a motion to dismiss where I am the Plaintiff in US District Court. Will the judge grant me an extension to answer past the 21 days if I request it, if so what… read more
socrateaser
socrateaser
1,031 satisfied customers
If a person filed a motion to dismiss a bankruptcy case and
If a person filed a motion to dismiss a bankruptcy case and that point of the motion was clarified. Can a bankruptcy be dismissed because that person brings up other points in court that were not on t… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
I filed a motion to dismiss on the grounds of res judicata.
I filed a motion to dismiss on the grounds of res judicata. I am still involved in the case as it is set for trial in December. In 1998 I was tried for inoperable vehicles on my business property. I w… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,255 satisfied customers
After failing to schedule my "Expedited Motion to Dismiss
After failing to schedule my "Expedited Motion to Dismiss for Lack of Standing" for over a year, the judge finally scheduled a hearing on this motion as well as the plaintiff's newly briefed Motion to… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
What is a Notice of Lack of Prosecution, Motion to dismiss
What is a Notice of Lack of Prosecution, Motion to dismiss for Lack Of Prosecution, Notice of Hearing and Self Executing Order of Dismissal mean … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,307 satisfied customers
Law Educator, Esq. (Only) I filed amended motion to dismiss
Law Educator, Esq. (Only) I filed amended motion to dismiss before. You advised me yesterday to amend it and add the homestead exemption issue. should I withdraw the first amended motion to dismiss an… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Looking for a sample of a motion to dismiss in northampton
Looking for a sample of a motion to dismiss in northampton county pa in a civil case over a contract. Statue of limitations and res- judicada.… read more
KJL LAW
KJL LAW
Juris Doctorate
1,756 satisfied customers
Looking for example of a motion to dismiss in PA on Statue
Looking for example of a motion to dismiss in PA on Statue of Limitations. Civil Complaint.… read more
Bill Attorney
Bill Attorney
law
1,585 satisfied customers
The judge denied defendants motion to dismiss but is
The judge denied defendants motion to dismiss but is allowing a reconsider I have to reply on.Is there possibly a law that states even if a commercial truck thinks they even just hit an existing potho… read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
I received a letter for. A motion to dismiss which reads as
I received a letter for. A motion to dismiss which reads as follows, comes now the court ,pursuant to rule 41 and directs that all parties appear to consider whether this. Case should be dismissed for… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Law Educator, Esq. (ONLY) This is on the motion to dismiss
Law Educator, Esq. (ONLY) This is on the motion to dismiss that the plaintiff does not want the Judge to see. I went to Court on the 14th for the motion but I was very sick. I filed a motion tor conti… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Second opinion] A motion to dismiss some defendants was
second opinion] A motion to dismiss some defendants was granted over 30 days ago but there is still no final judgment on the case. Is there any reason I can't make a motion to vacate those dismissals … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
In a motion to dismiss in the State of PA. Do you have
In a motion to dismiss in the State of PA.Do you have request a hearing on this matter or can it be a brief?I have filed motions for extensions in motions court and did not have to schedule anything, … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
If the federal court grants a party's motion to dismiss with
If the federal court grants a party's motion to dismiss with leave to amend, and the amended pleading contains the same or new deficiencies, can the party file a second motion to dismiss?… read more
Andrew
Andrew
Attorney
Juris Doctorate
197 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x