pcmech

Midland court date coming up soon, need advice...

Recommended Posts

The clerk filed a motion recently to dismiss this case and Midland's lawyers leapt into action after 2 YEARS of nothing. They filed a Response to Clerk's Motion To Dismiss, a notice of hearing in a courthouse 50 miles away from me, and a Motion For Judgement On The Pleadings Or For Summary Judgement with the same generic credit card agreement and affidavit.

In 2 years the judge has yet to rule on my motions to strike the affidavit and generic credit card agreement.

The date is only 2 weeks away. I just got this in the mail. Sounds like they're trying to get by something sneaky, knowing I'm pro-se and can't afford a lawyer.

Can I make a motion for sanctions since the attorney's knowingly filed a suit with no hard evidence to back it up?

Anyne have an Opposition Statement to the MSJ I can borrow? :)

Link to post
Share on other sites

Ask for a 30 or 60 day extension on the MSJ to start the day the judge makes his ruling. That is to say, if he allows the case to go forward. Don't know where you are, but two years of inactivity is a long time.

Link to post
Share on other sites

The clerk filed a motion or they filed a motion on your behalf. If it was just a routine motion the clerk/court files on a lawsuit with no activity then they probably have a right to oppose it.

It needs or needed to be your motion to dismiss for lack of prosecution. If you did that then I don't see how they have a prayer. If it was just on the clerk's/court own motion then the court will probably hold you just as liable for the delay (did not say it's fair) for not proactively moving the case forward. And what I mean by that is hounding the court for a hearing and filing your own motions to dismiss and not just waiting on the court.

Link to post
Share on other sites
Guest
This topic is now closed to further replies.