Response to motion to dismiss
A complaint was filed against me by a lawyer in my state through the civil court in the county I reside in. The complaint is for payment and judgement for an old credit card debt currently owned by a collection agency. The account was opened in the state of MS but I currently reside in Georgia due to military orders. Is the account subject to statute of limitations for the state of MS or GA? The time-barred account has exceeded the statute of limitations for the state of MS. I filed a motion to dismiss for failure to state a claim because the Plaintiff has not shown any proof of debt, charges or contract on their behalf. A conference has been scheduled by the judge for discovery. The Plaintiff submitted a response to my motion asking the judge to deny my motion and handle matters without a hearing. Should I file a response, my answer, another motion for SOL or do anything at all?