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Oreder of Dismissal


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IN THE COUNTY COURT IN your county AND state FOR

Case No: Division: either civil or small claims

Plaintiff

vs

Defendant

________________________________________________________________

FINAL ORDER Motion to Dissmiss-DEFENDANT

Defendant, your name, pro se having moved the court for a motion to dissmiss with prejudice, and it appearing to the court that there is no genuine issue as to any material fact and that the defendant is entitled to a judgment as a matter of it is:

ORDERED AND ADJUDGED, that motion to dismiss is granted hereby in favor of defendant against plaintiff, and the complaint is dismissed with prejudice hereby, with costs to the defendant in the sum of $______________.

This the___________day of_____________, 2007.

Judge

Copies to:

your name and address

Attorneys for the Plaintiff

their name and address

This is one I used change to fit your situation

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(This is the Motion to Dismiss I am going to file. But I also want to have a "Motion to Dismissal Granted") Is it OK??????

MEMORANDUM OF POINTS AND AUTHORITIES

Comes now the Defendant, XXXXXXXX and files this Request for Dismissal of Complaint, as follows:

1. The Causes of Action specified in the complaint filed by the Plaintiff is insufficient and fails to state facts sufficient to constitute a cause of action against Defendant for which relief can be granted.

The complaint does not set forth the True facts upon which Plaintiff seeks a summary judgment. The complaint should be dismissed.

2. Defendant received the Plaintiff's Complaint on or about March 5, 2007. Defendant answered the complaint on or about March 13, 2007.

3. The Plaintiff has failed to provide any contract or agreement bearing the signature of the Defendant, nor any itemized statements or billing of said debts.

4. Plaintiff has failed to provide a detailed list of the debts to the Defendant.

WHEREFORE, Defendant, XXXXXXXXXXXX, respectfully submits that the Court should dismiss and deny the Plaintiff's complaint, filed herein XXXXXXXXXX and prays for Dismissal of the complaint by the Plaintiff.

Defendant's Request submitted this ___________ day, of __________ 20__

______________________________

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It is not a summary judgement. It is a "Complaint in Civil Action." I already sent my "Notice of Appearance" and "Answers and Defenses." (which I only had 20 days) Am I off base with the Motion to Dismiss?????? Please help!!!! I thought a motion to dismiss might work to get out of going to court. I have been reading and reading but I guess just not enough! When can you use the "Moton to Dismiss?"

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1. The Causes of Action specified in the complaint filed by the Plaintiff is insufficient and fails to state facts sufficient to constitute a cause of action against Defendant for which relief can be granted.

The complaint does not set forth the True facts upon which Plaintiff seeks a summary judgment. The complaint should be dismissed.

Are you responding to a request for summary?

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My understanding, in my state according to the RCP, you need to file your MTD before you file your answers, and even if you filed this-it does not get you out of going to court. Have you read your RCP's for your area?

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Ok.... I was confused. I got a "Complaint in Civil Action".(credit card debt Capital One). I followed the rules to the "Notice of Appearance" and Answers and Defenses" and sent them to the CA by cmrrr. I am filing in court the same documents, Wednesday which is in the 20 days allowed. What can I expect now????? Thanks

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OK... I received a "Complaint in Civil Action" delivered by sheriff. (sued by Capital One by a CA). Have 20 days to file "Notice of Appearance" and "Answers and Defenses" (denied all except my address). I have sent the prior 2 documents to the CA by cmrrr. I just received the reciept that the CA received the paperwork. Now I am going to file the 2 documents in court on Wednesday.(within the 20 days) Thats why I need to know if I can file a Motion to Dismiss the same day I file the other 2 documents???????? Does anyone know if this is legit??? Am I only allowed to file the 2 documents listed above and NOT the MTD???? When are you allowed to file a MTD??? Is this not required for my case?????:?

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I am off to the courthouse tomorrow to file my Answers and Defenses. ( I already sent them to the CA) What can I expect now?????? Will I get more paperwork????? Will a hearing be set???? Will the CA dismiss??? How long must I wait before I know whats going on???? I am a little bit anxious.:roll: Thanks

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I am off to the courthouse tomorrow to file my Answers and Defenses. ( I already sent them to the CA) What can I expect now?????? Will I get more paperwork????? Will a hearing be set???? Will the CA dismiss??? How long must I wait before I know whats going on???? I am a little bit anxious.:roll: Thanks

Please help!!!!

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