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need help with motion to dismiss


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i need some help writing a motion to dismiss. i got sued in NH and I don't live there. the court clerk told me to file a motion to dismiss. the state's court website just has generic forms that aren't helpful, and I don't know what to write? I need to answer by June 1st.

this was by lawyers representing main street acquisition in small claims court.

I really need some help with this :oops:

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im going to go out on a limb here and say before filing any motion you need to determine the reason for your motion and put that into some sort of legal argument.

motion to dismiss why? probably lack of personal jurisdiction. you then need to look at the court rules for the state where the lawsuit was filed and follow the guidelines for filing those types of motions (motion to dismiss for lack of personal jurisdiction, etc etc etc)

i know nothing about those states guidelines and giving a generic starting point on how i write my motions

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Keep it simple. The court knows you are not a lawyer so don't try to sound like one. As the above poster said, research the rules of civil procedure in NH and find the one that pertains to personal jurisdiction. Then write your motion stating you are not a resident of NH and therefore the court lacks personal jurisdiction over you.

To be honest, even if it gets dismissed in NH it's more than likely they will just refile in VT because now they will know where you really do live. So after you file your MTD start researching VT law and keep an eye on the court docket in your county.

JMHO.

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