MisterBFD Posted March 28, 2013 Report Share Posted March 28, 2013 I found an interesting blog post in trying to find a motion to dismiss for the CC lawsuit against me by my credit union/former employer. Here's the post and it includes a link to the judge's order: http://maderpacker.com/credit-card-cases-can-be-beat/ I have no affiliation with the blogger. This sounds EXACTLY like my own case, at least as far as the exhibits are concerned. I'm going to file a motion to dismiss and see what happens. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted March 28, 2013 Report Share Posted March 28, 2013 Eh, that's not really a win for the defendant there. If you read the order Discover bank gets 20 days to make the appropriate changes and file an amended complaint Link to comment Share on other sites More sharing options...
Flyerfan Posted March 28, 2013 Report Share Posted March 28, 2013 Everyone wants to file a motion to dismiss. These are very procedural and rarely work unless you have a SOL defense. I know everyone wants it to be over quickly but it is a marathon, not a sprint. 1 Link to comment Share on other sites More sharing options...
BrunoTheJDBkiller Posted March 28, 2013 Report Share Posted March 28, 2013 A dismissal is only a win if it is "with prejudice." That means they cannot re-file the case. Not the situation here, as was pointed out, they have 20 days to fix their mistakes. This is common procedure. Also, the judge must have never done a credit card case before, agreements are never signed, they are generic just as provided in this case. They do not ID the cardholder by name, either. Link to comment Share on other sites More sharing options...
racecar Posted March 28, 2013 Report Share Posted March 28, 2013 http://www.hockmanlaw.com/CreditCard.htmlhttp://www.creditinfocenter.com/community/topic/318783-judgment-received-had-hired-attorney/ Here is a motion to dismiss for florida. Link to comment Share on other sites More sharing options...
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