How to respond to Motion to Set Aside Order of Dismissal
Asked Mar 24, 2011, 01:42 PM
As a Defendant in a Kentucky collections case, I responded to the Complaint and filed a Motion to Strike the Affidavit attached to the Complaint. I won (probably because counsel for the credit card company neither filed a response nor appeared at the hearing). Immediately thereafter, I filed a Motion to Dismiss on the grounds that Plaintiff failed to state a cause of action upon which relief can be granted (because their affidavit was stricken). Once again, they neither replied nor appeared. The judge (reluctantly) entered the Order of Dismissal. Now Plaintiff if filing a Motion to Set Aside Order of Dismissal stating that they didn't receive the Motion to Dismiss. They included a letter they sent to the clerk's office requesting a copy of my motion to back up their story that they didn't receive it before the hearing. This is a large firm that does collection lawsuits hoping to get default judgments. They handle thousands of collection cases. I'm sure they got the Motion. I can't prove it. Do you have any suggestions?