crnbread73 Posted November 22, 2008 Report Share Posted November 22, 2008 ok so I mailed in dismissal after talking to a clerk to verify what needed to be done. I mailed the fee along with the dismissal request to be called today and be told that we could not do it this way that the plaintiff had to agree to the dismissal which they won't we all know that. They filed in the incorrect jurisdiction. So what happens now. We have to go to court of course but what do I take with me what happens here. We did answer the summons but the clerk is now saying that the motion to dismiss has to be put on the calendar and that is not possible before our court date. Please advise. At this point I am seriously considering BK because we have no income. hubby out of work since Sept and me since May. And we all know with the economy this way it may be a lot longer. No assets. No money saved no house what do the experts say? Link to comment Share on other sites More sharing options...
bobdole369 Posted November 22, 2008 Report Share Posted November 22, 2008 I'm no lawyer.There are 2 kinds of dismissals. THe kind where you both agree, submit the paperwork and any fee, and its over with. (Voluntary dismissal)?Then theres the kind where you argue your point and you MOVE the court to dismiss the case based on facts you provide. I think you need the second kind. You would file a motion to dismiss - and attach evidence that the court does not have proper jurisdiction (the appropriate place for this would be the initial answer - as they assert jurisdiction in the complaint. May I ask what is the problem with jurisdiction? Link to comment Share on other sites More sharing options...
crnbread73 Posted November 22, 2008 Author Report Share Posted November 22, 2008 The problem is that he was sued in a county that we have never lived in. And the court is over an hour away. And I know for a fact that this was done in attempt to get a default judgement. But at this point he has to go to court and so do I because he needs a translator. We will see what happens I guess. What does he need to take to court for this. Link to comment Share on other sites More sharing options...
merrybucks Posted November 22, 2008 Report Share Posted November 22, 2008 Ask to appear telephonically. Lawyers do it all the time. Link to comment Share on other sites More sharing options...
crnbread73 Posted November 22, 2008 Author Report Share Posted November 22, 2008 do you ask this of the clerk? How exactly is this done? Link to comment Share on other sites More sharing options...
merrybucks Posted November 23, 2008 Report Share Posted November 23, 2008 File this with the court.Defendant's Motion to Appear Telephonically (Accelerated Ruling Requested)Defendant hereby requests that it be allowed to appear telephonically. This motion is filed in good faith to promote the interest of judicial economy and to minimize the expense for all concerned. Link to comment Share on other sites More sharing options...
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