sevastras Posted November 26, 2009 Report Share Posted November 26, 2009 My wife was sued by a LVNV company about 5 months ago, and I made an answer and a $35k counter-claim. I have not heard anything what so ever since. I expected atleast a call from there lawyer. What next? A motion for summery judgement? A motion for dismissal?I want to get this over with and didn't expect it to go so long after my answer(frankly it was a stupid answer to a stupid company, but hey, it has been 6 years and may be time barred.)Any help out there? Link to comment Share on other sites More sharing options...
nascar Posted November 26, 2009 Report Share Posted November 26, 2009 How long ago did this happen? Are you saying that there has been no answer to your counterclaim? Link to comment Share on other sites More sharing options...
trueq Posted November 26, 2009 Report Share Posted November 26, 2009 Move for default judgment against LVNV! Link to comment Share on other sites More sharing options...
sevastras Posted December 2, 2009 Author Report Share Posted December 2, 2009 Sorry it has been a while. No answer to the counter claim. Is there a spot on here that advises how to motion for a default judgement? Link to comment Share on other sites More sharing options...
sevastras Posted December 2, 2009 Author Report Share Posted December 2, 2009 09/02/2009 Filing: I1 - Initial Appearance by persons other than the plaintiff or petitioner Paid by: (defendant) Receipt number: xxxxxxx Dated: 9/2/2009 Amount: $xxxx (Cash) For: (defendant) 09/02/2009 Answer (Pro Se) 09/18/2009 Return Of Service 8-12-09 09/18/2009 Affidavit of LVNV Lawyer 09/18/2009 Memorandum of Costs This is what the court website has listed as actions since filing the answer Link to comment Share on other sites More sharing options...
ficofightr Posted December 2, 2009 Report Share Posted December 2, 2009 If they didn't answer your counterclaim go get a default on your counterclaim. You'll still have to deal with their initial claim if they ever move forward with the suit.If you can get a default it is huge leverage. They will try to file some BS motion to vacate later and an attorney will fall on his sword and pay some small sanction, but if you get the default they may be willing to just drop the entire action altogether. Link to comment Share on other sites More sharing options...
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