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CommoSGT

Motions to Dismiss

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I am in Kentucky, have 3 cases laying in court.  Questions I have are as follows:

 

1.  Portfolio Recovery had filed suit, waited 15 months or so then files an MSJ claiming I didn't answer RFD, RFA and ADM.  I opposed and told the judge that it is hard to answer them since I haven't seen them..Judge "stayed" the case to allow answers, etc.  I answered their questions (general denial) and sent them requests for documents.  They received the CMRRR on 1 May and have yet to respond.

     Do I have caselaw and grounds to request and win on a dismissal ?

 

2.  Midland filed a suit on me claiming that I had a Paypal card....I sent an answer to the complaint and denied that I had a paypal card.  I never had a paypal credit card....I have asked for a verification from the Bank/CRA but I haven't heard anything back.  

     Do I have caselaw and grounds to request and win on a dismissal ?

 

Both would now be past the SOL if the cases went away.

 

 

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Question number 1. No.  I don't know what KY rules are about on them waiting 15 months, at the 12 month mark you may have been able to file a motion to dismiss for lack of prosecution. But since they filed an MSJ, they brought the case active again.  You answered their discovery.  You sent a request for documents.  So--It may be that any document you requested and they didn't send you, they cannot use against you.  But read your rules to see what sanctions if any are for failure to comply with a doc request.  Most of the time you would have had to file a motion to compel before they would grant anything like a dismissal.  

The reason they could file an MSJ on you for not answering is because they sent admissions.  You didn't answer, so they get deemed admitted, case over.  Your lucky the judge let you answer.  

 

 

Question number 2. No  They filied suit.  So now you need to ask for discovery.  You can to interrogatories and ask questions that way, you can do a document request.  Verification is used usually Before they sue, not after. 

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