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Should I nail them now or wait for the judgement?

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Hi everyone;

I am in a good mood because I have an airtight defense against a JDB and their attorney. They are, however, dragging this matter out. Long story short;

I entered a motion to dismiss based on the fact that there was a deficiency in the serving of the papers (they had the wrong address listed 8-) ) and I consequently had no knowledge of these proceedings until the lawyer mailed me a copy of their request for a default judgment. Even though I have numerous affirmative defenses, the account is beyond the SOL, copies of credit reports stating that the account was investigated and then deleted (2 out of three CRA's to date), the attorney did not get back to me within 30 days to validate the claim (they took 93 days :shock: to return my request), etc. They have now sent me a copy of their Motion for Summary Judgment (90 days after I filed my Motion to Dismiss (?). In the papers I received they have a paragraph noted as "Special Defense"; i.e. the fact that I filed for a Motion to Dismiss (so they're claiming that I was served but did not answer the original summons in time). My comprehension and communication skills are quite good, but my clairvoyance capabilities, admittedly, are quite poor (I just sent away for a new crystal ball and bag of tea leaves).

Question: should I (and how should it be presented if I should) answer this clown or should I wait to see what the court decides and then if it goes against me just file my Motion to Vacate with all of the supporting defense I have???

Thanking everyone in advance for your input.


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Check out your state's rules of civil procedure and your court's local rules. The rules will serve as a guideline to follow or in which to proceed depending upon the status of your case. Every state has similar as well as different rules regarding procedure and the rules are very important given the fact that you are walking a tightrope by representing yourself. ;)

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