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After the Answer...What's Next???


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OK,

I'm just about prepared to file my answer to the CA's complaint.

WHAT'S NEXT?

Do I have to file a separate motion to dismiss or is the final statement of my answer enough?

Will I have to go to court? Or does the judge just review my answer and make a decision if possible?

Should I send a DV letter over the CA IMMEDIATELY after I file my answer or wait until the case is dismissed?

I don't want them coming back, so if they do I want to have the ammo of the DVs and their lack of compliance so that I can counter sue.

The complaint does not contain a copy of a signed contract or a detailed billing statement. So, I believe it will be dismissed.

Is there a flow chart of sorts that talks about this?

COMPLAINT>>ANSWER>>COURT>>DECISION>>COUNTER SUE...etc?

That would be helpful. I'm going to be pretty anxious after I leave the court house filing my answer, so I'd like to have some idea about what to expect.

Thanks!!!

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Check your state's Rules of civil Procedure. If you have any counterclaims, you should file them ASAP.

Before trial is scheduled, there will be at least a mediation meeting and in the interim there could be one or more motions (motion to dismiss, motion for summary judgment, during discovery motion to compell, etc.).

The judge will try to decide the case before the trial, so be very attentive to any motions filed by your oipposing party so you can respond to them on time.

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Do I have to file a separate motion to dismiss or is the final statement of my answer enough?

Depends on courts rules, but you usually submit your motion to dismiss at the same time you answer.

Will I have to go to court? Or does the judge just review my answer and make a decision if possible?

You would usually send a copy of your answer and motions to the court and the plaintiff. If you file a motion to dismiss, the plaintiff with probably respond to the motion and reject or whatever.

Should I send a DV letter over the CA IMMEDIATELY after I file my answer or wait until the case is dismissed?

Too late

The complaint does not contain a copy of a signed contract or a detailed billing statement. So, I believe it will be dismissed.

Not neccesarily.

Good Luck!

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Does this hold true even if I am out of SOL?

ie do I have to file a separate motion to dismiss?

I'm really not clear on the legal procedure or what to expect here - other than that I know I must file an answer to the summons within a set time or face a default judgement. I'd also like to know the usual chain of events.

Is mediation overseen by the court? (In other words - is there any point trying to 'negotiate' in mediation with a CA & their attorney if it is not legally binding?)

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point of mediation is to try to resolve the situation before gouing to court...u can negotiate at any point even before court on the day of court...however

in negotiations if you ADMIT in any way to the debt,.,..u are stuck with the debt...always use ALLEGED debt...or something of that nature.

ussually your rcp and local court rules state what you can and cannot do...and when it should be done...what i do is call the JA judges asst. and ask questions....they are not allowed to give legal advise but can give direction...if they are asked in the right way...

i would file a motion to dismiss after i have filed my answer, espec. if it is sol...and u no that for sure...hope this helps

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I have been studying this point, and I am still learning so don't take my word only do the research!!!

As I understand it if you file a motion to dismiss and you follow it with an answer the motion to dismiss is gone. So if you intend to file a motion to dismiss then file that motion. If you intend to file an answer then file an answer.

as far as the SOl i have found that courts don't generally like to grant a motion to dismiss based on the SOL. If you plan on using the SOL as a defense they like it to be an affirmative defense in an Answer.

There are exceptions regarding the SOl and a motion to dismiss. I am not sure I can explain it well enough to not confuse you, so hopefully one of the oldtimers will chime in and really clarify this for you.

Hope this helps a little.

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