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Motion to Dismiss


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My motion to vacate default judgment was granted over a month ago. Today, Someone from that CA called my mother's cell phone, and threatened her with "sending the federal marshall and police."

Is that still illegal, even though they had filed suit ~ 2 years ago?

Now, I want to get the case dismissed.

How do I do this? Can I just write a letter to the judge, or do I need to write an order, or do I have to make a notice of motion, and a supporting affadavit, and then hand file those documents down at the courthouse??

Any help is greatly appreciated

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Please tell me that your mother saved that message on her cell phone (along with the accompanying text info as to number called from, date and time received, etc.). You will need it as evidence. If you think you have grounds to dismiss the case then yes, you will need to file a motion asking the court to do so. Are you certain that the plaintiff hasn't filed something with the court since the order vacating the judgment? To be sure, check the court's docket.

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Thanks Breathing. it wasnt a phone vmail, the dude just said that stuff to her. I wish they would be stupid enough to leave a threatening voice message.

Im checking to see if they filed any papers in the docket.

Another question- When I filed the motion to vacate, I attached a proposed answer to their complaint.

Can I motion to dismiss a complaint, after I have already filed an answer to it??

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