In a credit card law suit, what do I do after I file a motion to dismiss?

Bankruptcy and Debt 2 views 2 answers
I was sued by a credit card. I filed a motion to dismiss because they failed to attach the necessary documents. They also don't say under what they are suing (ex. open account, account stated, contract). I don't know what to do next. Do I sit and wait for them to do something? Do I ask for a hearing on the motion? Also, they still keep calling me even though they filed the law suit. Is that not a violation of something?

Attorney Answers

2
Shawn Packer 4074156.Html ·
When I file a Motion to Dismiss against credit card companies, I usually let the motion sit until the set the hearing. The calls they are making are not in violation of any law unless you have an attorney. If you do have an attorney they are not to contact you, but your attorney. They may be calling you to set you Motion to Dismiss for hearing. If you do not coordinate with them they will set it on whatever date they want at whatever time they want and then send you a notice. It is probably better to let the motion sit and continue to save up funds to work a settlement at a later date. If the calls are constant and annoying and you would like to try and stop them I recommend contacting an attorney to see about representation. This will stop the calls from the law firm as they are not allowed to communicate with a represented party. Many firms offer really affordable rates for cases such as these. If you are interested in speaking with an attorney over this feel free to contact me at [email protected] or visit our site at www.maderpacker.com to set up a free consultation.
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Dana L. MannerLemon Law AttorneyMiami, FL ·
If you want the calls to stop, you need to hire an attorney. If you want to have your motion to dismiss heard, you will need to schedule a hearing, send notice to opposing counsel, and be prepared to argue your motion. Unless you are exceptionally well versed in the case law on your motion to dismiss for failure to attach the documents, you are unlikely to get your motion granted. Even attorneys that file such motions rarely get them granted, because the debt collector is usually allowed to amend the complaint and attach the missing documents, and avoid dismissal. Consult with a consumer advocate attorney in your area. You can find one here: www.naca.net
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