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I have to write a motion to dismiss for a civil summons I went to today. My nephew was being sued by a credit card company. 1) the plaintiff didn't show up 2) no verification of any debt was produced 3) according to ORC in Ohio, the SOL had run out. So the judge said he could file a motion to dismiss. Where do I start?
He could have done it verbally in the courtroom right then. Ok. That was then. This is now.
Your nephew should just write a letter to the judge asking him to dismiss it (WITH PREJUDICE) because they didn't show up. Ask the judge to consider the letter a motion. Send a copy to the opposition lawyer, and make a notation on the bottom of HIS letter to the judge, that he did so.
When writing the letter do I have to state case law? At the hearing I had to show the judge the statute in the ohio revisied code ... what should I say regarding the plaintiff not showing up? where does it say he HAS to? Thanks for your help. I really liking this site
Evidently you have a rookie judge who doesn't know the law. If he doesn't know enough to dismiss a case when one party doesn't show, then he's beyond hope. Write the letter and ask him. Make it simple. You are not responsible for training the judge. If he can't get what you're asking about, he'll deny it. Then you have grounds for an appeal. Hopefully, you'll get a real judge next time.
yes, he was a fill in for the regular judge...who will be back on Monday and will be reading my motion. This is what I have so far:
Dear Judge Davis,
Please consider this letter a motion to dismiss with prejudice the case of Midland Funding vs Christopher Hess. There are 3 separate grounds for which I ask for this dismissal;
1) The plaintiff failed to appear.
2) No verification / documentation requested was provided
3) This is a time barred debt. The statute of limitations has run out.
I didn't misstype. Your motion should be based upon his failure to appear. That's ALL. The other stuff is only stuff YOU alledge. It hasn't been proven and isn't grounds to dismiss. Failure to show is a given fact.
yes, he was a fill in for the regular judge...who will be back on Monday and will be reading my motion. This is what I have so far:
Dear Judge Davis,
Please consider this letter a motion to dismiss with prejudice the case of Midland Funding vs Christopher Hess. There are 3 separate grounds for which I ask for this dismissal;
1) The plaintiff failed to appear.
2) No verification / documentation requested was provided
3) This is a time barred debt. The statute of limitations has run out.
Drop the Dear Judge.
MIDLAND FUNDING
PLAINTIFF
V.
YOUR
DEFENDENT
MOTION TO DISMISS
DEFENDANT HEREBY MOVVE THE COURT TO DISMIIS WITH PREJUDICE THE ABOVE TITLED SUIT ON THE FOLLOWING GROUND.
1) The plaintiff failed to appear.
2) No verification / documentation requested was provided
3) This is a time barred debt. The statute of limitations has run out.
DEFENDANT ALSO REQUEST THE COURT GRANT JUDGMENT AGAINST MIDLAND FUNDING FOR ALL COSTS INCURRED BY THE DEFENDANT.
Hello, I filed the motion to dismiss on Friday. On Monday, I received a letter stating that the plaintiff appeared through the attorney. The attorney asked prior to the hearing if he could call in instead of drive the 3 hours to be there in person and it was granted. I thought the plaintiff could not be the attorney and that a rep had to actually show up the day of court?
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