Slippy Posted September 14, 2011 Report Share Posted September 14, 2011 I filed a counter claim and the plaintiffs attorney of course denied everything etc... He prays I take nothing and ask for dismissal with prejudice.Do I need to reply or object to this?If I don't respond does the court think i don't object to his request? Link to comment Share on other sites More sharing options...
Downto0 Posted September 14, 2011 Report Share Posted September 14, 2011 You can do a rebuttal if the response to your counter claims contains a point which you have not addressed.If all they did was deny everything point by point then it would seem that you are done. Spend your time preparing for trial. You could also send a settlement offer. You have the collector at a disadvantage. They can't dismiss their case to escape the counter claims. It will costs them if they don't settle before going to trial. Link to comment Share on other sites More sharing options...
Slippy Posted September 14, 2011 Author Report Share Posted September 14, 2011 You can do a rebuttal if the response to your counter claims contains a point which you have not addressed.If all they did was deny everything point by point then it would seem that you are done. Spend your time preparing for trial. You could also send a settlement offer. You have the collector at a disadvantage. They can't dismiss their case to escape the counter claims. It will costs them if they don't settle before going to trial.The offer sounds like a good idea. I will search the site for some ideas, thanks.I don't want it to sound "desperate" just a business transaction. Link to comment Share on other sites More sharing options...
Slippy Posted September 15, 2011 Author Report Share Posted September 15, 2011 If I send an "offer" does a copy get field with the court as well. Or in other words "any" and all correspondence get filed? Link to comment Share on other sites More sharing options...
BTO429 Posted September 15, 2011 Report Share Posted September 15, 2011 opposition to Plaintiffs motion to dismissBack it up with case law and cite why you think you are entitled to your claimed relief. Link to comment Share on other sites More sharing options...
Downto0 Posted September 15, 2011 Report Share Posted September 15, 2011 and all correspondence get filed? No. In addition, settlement negotiations are not admissions to the debt. Link to comment Share on other sites More sharing options...
Slippy Posted September 16, 2011 Author Report Share Posted September 16, 2011 No. In addition, settlement negotiations are not admissions to the debt.Key information. Nice! Link to comment Share on other sites More sharing options...
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