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Requesting dismissal vs answer?


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I am answering a complaint, and just a couple questions that don't seem clear so far...

DoI file for dismissal AND answer the claim at the same time?

Or do I file for dismissal, await a response, and then answer the complaint if the dismissal is denied?

If they filed in the "wrong" county, should I pursue that?

As for affirmative defenses and counter claims, I have several... Shoot, they didn't just call me at work repeatedly, they served me there! (can you sat harassment?)

I won't boor you all with details, these just seem to be the big questions I am left with.

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When you file your answer you state your affirmative defenses and you may also include counterclaims. As part of the relief you seek you may ask that Plaintiff takes nothing, that their case be dismissed, etc.

Filing suit in the wrong county is a violation of FDCPA, so you can include it as part of your counterclaims and/or you may ask that the case be dismissed or transferred (depending on your state's rules of civil procedure).

In addition to your answer, you probably need to file a motion to dismiss.

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I don't believe serving you at work is a violation. Although there might be specific state regulations regarding service, most will try the house first but will eventually serve you where they know they can find you (especially if they have been to the house and you've avoided them by not answering the door).

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I got answers to some of my questions... from a lawyer.

I need to answer.

The dismissal comes later, and is made on it's own merits, regardless of the answer to the complaint. In this case, even if I am guilty as sin, if it goes to the next step, I can file for dismissal on the basis of the jurisdiction, and it should be clear they are in the wrong and case dismissed. Of course, I am wrongly accused in this case.... but any way to end it.

I CAN'T file for a dismissal right now anyway, because the plaintiff has not filed with the court.

The JDB is waiting for me to not respond so they can file a default judgement.

Now, the conflicting parts...

The county courthouse says only to reply to the plaintiff, that at this point it is between me and them. the lawyer says to serve the plaintiff with my reply AND file at the courthouse.

Hmmmm.

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