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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31692
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am filing Motion for Dismissal for 3rd party debt collector

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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?
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.
Customer: 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.
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