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clyde mack · Apr 11, 2013, 08:34 AM

When do I file motion to dismiss if I learn that the plaintiff is not the owner and has no legal authourity to file a claim the case was not dismissed instead they were given 30 days to amend the claim

ScottGem · Apr 11, 2013, 08:35 AM

You should have filed to dismiss prior to the initial hearing. You can file your motion to dismiss at any time and the plaintiff will be given a chance to respond by the next hearing.

clyde mack · Apr 11, 2013, 08:45 AM

I would like to know when to file a motion to dismiss after I discover that the person filing the eviction had no legal authourity to do so for he is not the owner of the property nor is he a lawyer for the owner

aliseaodo · Apr 11, 2013, 08:54 AM

This has been answered on your first post by ScottGem.

JudyKayTee · Apr 11, 2013, 08:55 AM

Good catch - https://www.askmehelpdesk.com/other-...ml#post3440430

clyde mack · Apr 11, 2013, 09:01 AM

I only learned that he was not the owner at the first cause hearing he claimed he was the owner when I signed the lease he collected 1700 hundred dollars 9 days later I was served a notice to leave and hit with a 6500 lawsuit

ScottGem · Apr 11, 2013, 10:19 AM

So, let me get this straight and try to fill in the blanks you have left..

You signed a lease to rent some property with X. X claimed to be the owner. You paid him $1700 and moved in. After 9 days X served you a notice to leave and filed suit for $6500?

This makes no sense. It would make sense if X wasn't the owner and the real owner served notice and filed suit. In which case there are no grounds for your motion. But if X is actually suing you, then I would suspect he has the legal right to represent this property. And, therefore, sue you.

Your question about when to file your motion was answered. If you want more help with this suit you are going to have provide more details, since what you have provided makes no sense.

{Mod Note: Threads merged, please keep to one thread for the same issues.}

I might add, after reading your second thread, this makes even less sense. If a person were to enter into a lease to rent property he had no legal right to rent, then he would be guilt of criminal fraud. Such a person would hardly be likely to file suit in a court of law since he could be arrested for fraud.

AK lawyer · Apr 11, 2013, 04:48 PM

Originally Posted by clyde mack

when do i file motion to dismiss if i learn that the plaintiff is not the owner and has no legal authourity to file a claim the case was not dismissed instead they were given 30 days to amend the claim

I suspect the judge meant that plaintiff could amend in 30 days and, if not, the case would be dismissed.

Assuming that an amended complaint is filed within that time, you would then move to dismiss that amended complaint, assuming that it's still not well-pleaded.

Assuming the court rules in your jurisdiction are similar to civil rules in most places, a motion to dismiss is not, by the way, appropriate to argue that the allegations of the complaint are not correct; it's just to test whether the allegations, if true, would state a cause of action.