Jump to content

How to ask for dismissal in written response?


Recommended Posts

Update - Request to dismiss, need help to answer summmons

--------------------------------------------------------------------------

I need help responding to the summons I received almost 30 days ago. I didn't respond sooner because I was working with the GM dealership to mediate this lawsuit as I verbally asked to cancel extended warranty. The extended warranty was canceled but apparently they inadvertently did not take the collection back from collection agency. The dealership has since canceled the collection and has asked them to cancel this lawsuit. I spoke to the collection agency who stated they will cancel and remove from my credit report. Although, I have verbal agreements and letters stating this, they have not filed dismissal as of yet with the court. The court legal advisor I spoke to on Friday advised that a written response should still be filed to avoid judgment for plaintiff. Also, advised me to attach the letters I have from law office and dealership. Can someone please help on how to answer each complaint. Should I answer - Defendant lacks sufficient knowledge to admit or deny the allegations for each complaint I've listed below (a-c). I cannot afford an attorney and this is why I need help fast. Also, any other answers/defenses I can utilize would be appreciated. Thank you in advance. Can I also ask the court for a dismissal based on the fact that they have told me they were cancelling the case? Listed all pertinent info. below.

__________________________________________________ _____________

1. Who is suing you? Local GM Car Dealership

2. For how much? 3,456 ($1956 plus $1500 face amount of check plus treble damages)

3. Who is the original creditor? GM Dealership

4. How do you know you are being sued? Summons

5. How were you served? Were you served? I was deliver the summons at my home.

6. What was your correspondence (if any) with the people suing you before you think you were being sued? I received a notice from the collection agency trying to collect the debt 1.5 years .

7. Where do you live? CA

8. When is the last time you paid on this account? wrote a post dated check which came up NSF

9. What is the status of your case (if anything has been opened)? Court date for 9/25/07

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Have not disputed the debt

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. Did not do a debt validation.

12. Does your summons require a response? Yes, it requires a response. There was not questionnaire.

13. What evidence did they send with the summons? There was no evidence, no affidavit or statement, just the summons, a complaint for common counts, a civil case cover sheet a certificate of counsel and a notice of trial department assignment and case management conference.

14. What is the SOL on the debt? Unsure, as this lawsuit is regarding a bounced check

__________________________________________________ ____________

COMPLAINTS -

a. Defendant tendered checks to plaintiff for payment of good or services, which checks were dishonored by defendant's bank for lack of funds or account. Defendant failed to pay the same amount to plaintiff within 30 days following a written demand therefore, mailed to the maker by certified mail. Plaintiff has fully compiled with the provisions of civil code section 1719 (A) and is consequently entitled to statutory damages of no less than $100.00 per check, in addition to the face amount of checks.

b. Plaintiff agreed to sell or provide defendant with certain goods and or services in exchange or defendant's promise to pay for said goods and/or services with the checks delivered by defendant to plaintiff at the time of sale.

c. Plaintiff suffered damages legally caused by the defendant's breach of agreement -

business or out of pocket loss of $1956 Statutory damages -$1500

__________________________________________________ ____________

Letter from Law Office states -

The matter has been recalled by our client. This office is no longer collecting on the matter. The lawsuit against you is being canceled and the matter will be removed from the credit profile.

Letter from GM Dealership -

This is to verify that I, (reps name) acting as agent for GM have been in contact with Legal Recovery and their Law Offices. As of this date, (reps name) at Legal Recovery has verbally informed me that the pending lawsuit will be dropped and all derogatory statements will be removed from her credit report which Will take approximately 30 days.

Link to comment
Share on other sites

Letter from Law Office states -

The matter has been recalled by our client. This office is no longer collecting on the matter. The lawsuit against you is being canceled and the matter will be removed from the credit profile.

Letter from GM Dealership -

This is to verify that I, (reps name) acting as agent for GM have been in contact with Legal Recovery and their Law Offices. As of this date, (reps name) at Legal Recovery has verbally informed me that the pending lawsuit will be dropped and all derogatory statements will be removed from her credit report which Will take approximately 30 days.

File a motion to dismiss complaint with prejudice based on supporting documents(copies of all letters from OC and CA). You should receive an order signed by the Judge dismissing case based upon that. I would also dispute with CRA's advising that you have been relived of responsibility of account and CA agrred to remove, send supporting docs as well.

Link to comment
Share on other sites

If the court file does not include the notice of voluntary dismissal (or whatever you call it in California) then you'd better answer the summons.

If you're up against the wall for time, check into what your RCP says about requesting extensions.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.