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I am being sued for an incident that dont pertain to me.

I am being sued...

I am being sued for an incident that dont pertain to me.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Kansas

Lawyer's Assistant: What steps have you taken so far?

I emailed a dispute to the law firm

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My brothers dog bit the mailman. His dog was at my parents house behind there fence. I wasnt living at the address, however at times i have mail coming to the address. I believe that's how i was connected to this incident.

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Answered in 2 minutes by:
3/20/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,376
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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I’m really sorry to hear about your situation. You may need a motion to dismiss you as a defendant in the case. Generally,the law recognizes some basic reasons a claim can be dismissed. They include:

(1) lack of subject-matter jurisdiction (e.g. a civil court can’t hear a criminal court matter);

(2) lack of personal jurisdiction (e.g. the defendant doesn’t live in that jurisdiction);

(3) improper venue (the cause of action didn’t happen in that state);

(4) insufficient process (the wrong name is ***** ***** it’s not signed by the clerk;

(5) insufficient service of process (the defendant was never served);

(6) failure to state a claim upon which relief can be granted (there’s no way for them to prove the facts); and

(7) failure to join a party (defendants can argue that some parties must be joined to have a full resolution of the case

A defendant can choose one or all of those reasons as a request to dismiss the case. In your case, you may want to go with subsection (6) on the grounds that you don't live at the address or own the dog. If you click here, you can a very long explanation of each of these concepts.

When you have your motion ready, you should go to www.thumbtack.com and find a process server. A process server is a person who will serve a copy of the lawsuit on the other party. Service is required for almost all papers you file with the court. A process server must be at least 18 years old and not involved in the case in any way. If you have a friend or family member who can do it, they can serve it for you, too. Otherwise, most process servers charge something like 50-100 dollars. Once service is complete, the process server will typically have to file a “proof of service” form to swear to the court that they filed the documents.

Once the motion is served on the opposing party, they will have a chance to oppose the motion if they wish. They must file and serve their opposition. Regardless, the magistrate will review the documents and either a) call a hearing to have you make oral arguments or b) make a decision without a hearing. Regardless, you’ll be notified of the magistrate’s decision in writing.

What other questions did you have for me today that I can help you out with:-)?

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Just be sure to let me know.

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Customer reply replied 1 month ago
The court considered Plaintiff's motion for default judgment (motion), and considered the motion to be granted. What can I do?

If a judgement has already been made, then you'll need a motion to set aside the default. You usually only have 30 days after the default was entered. You can cite the reasons why it should be removed against you the same as you would have for a motion to dismiss (there's no claim against you). The court will review and if the motion is granted, they will conduct another hearing at which you must appear and make your case. You still have to file and serve as I described above.

Did you have any other questions for me today that I could help you with?

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Customer reply replied 1 month ago
Thanks, ***** ***** find a processor and file a motion. At this time no one can go into my bank account right?

Correct. The other party will have to go back to court and get the court's permission to do that.

Also, the pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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  3. For your benefit, you can also click here in the future to request me individually.

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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,376
Experience: Licensed to practice before state and federal court
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Legal Eagle and 87 other Legal Specialists are ready to help you
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Customer reply replied 1 month ago
Are you local?

I wish, but check out the Kansas lawyer referral service - click here - to find an attorney that is.

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Customer reply replied 1 month ago
What should be included in my motion? What key information should I include?
Try to make it a brief but common sense explanation that you don't live there and you don't own the dog thus there is no way liability should be attached and that the court must remove the judgment against you.
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It doesn't have to be ground breaking at all.
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Legal Eagle
Legal Eagle
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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).

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