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Dismissal W/o Prejudice day before trial


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Hello I need some help filing a Motion to Dismiss over a credit card debt in

Michigan I have all my points and authorities documents including a Exhibit.

My question is I am not sure of the correct form to use to request the

hearing for the motion to dismiss can someone please guide me I went to the court website that has the forms and found a notice of hearing and motion but i want to make sure this is the correct form and does it have to be notarized. any advice is appreciated

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I would also prepare an answer just in case.

Oh don't look now we have one here:

http://www.creditinfocenter.com/forums/there-lawyer-house/310559-recd-summons-what-should-i-do-im-supposed-send-stuff-their-atty-tomorrow.html

I don't now about the motion to dismiss courts usually deny them if the have triable issues. So weigh that. If you were making one to get time to work out an answer well there ya go.

Everybody should get this through their heads. the court would entertain a Motion for judgment on the pleadings, but they will not let a motion to dismiss be ordered if the plaintiff can show a prima facie case.

I personally feel like you do not want to give the plaintiff's an opportunity to correct the defects in their case best to wait till trial.

I know everyone wants the badmen to go away as quickly as possible but the judicial process doesn't work that way. You are taking a risk that when the oppose the MTC they come with everything crossed and dotted correctly, the judge closes his mind to what you have to say in defense.

Not impuning what you have done so far(I applaude your efforts but unless you have some knockout blow evidence, the court will have to deny it and keep the train rolling towards SJ or trial on the merits.

It is best someone tell you this while there is time to do something about it, think hard about what I said. and we can help you to recover from this.

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