Paid the debt - Move to Dismiss or Summary Judgement?

[phoneguy]

Here's the short version:

Sued by a credit card company, original creditor. Finally managed to raise the money, paid off the debt in full. The local firm representing the CC company is also a JDB, so I don't trust them. Response date coming up soon.

Since I have paid (in full) should I file a Motion to Dismiss, because the claim in now moot, or should I file a Motion for Summary Judgement?

(I'm thinking Motion to Dismiss with predjudice). We are in Ohio. btw.

Any insight greatly apreciated.

[Optimus_SubPrime]

Is the lawsuit only for the amount of your CC bill, or are they asking for attorney's fees, as well? If you weren't paid current when they filed, they may still be seeking court costs.

[phoneguy]

I'll look at the original complaint to see if they've asked for costs. Let's assume they are asking for costs (It is a law firm after all), should I cut a check for the amount of costs? Payable to the lawfirm or to the court?

I want to file something to prevent plaintiff attorney from moving for judgement, as the CC is paid. So the original question remains, what to file for an answer?

Thanks

[Optimus_SubPrime]

It's an interesting question. If the plaintiff's attorney isn't aware that you've paid the plaintiff, I would mail them notification, and tell them you expect the suit to be withdrawn. I'd also call the creditor, and see if you can't get them to call off the dogs directly.

If that doesn't work, filing a motion to dismiss with prejudice makes more sense to me than a motion for summary judgment. If they file a motion for summary judgment without amending their complaint, that's a new act of collection that misrepresents the amount you owe, and should be actionable under 1692e.

Hopefully someone with more court experience than I have will step up and give you a more authoritative answer.