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  1. #1
    Join Date
    Dec 2010
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    3

    Default Motion to Dismiss Counterclaim

    My question involves collection proceedings in the State of: MASSACHUSETTS
    I HAD A COMPLAINT FILED. I ANSWERED AND FILED COUNTERCLAIM
    I RECEIVED MEDIATION DATE OF MARCH 2, 2011 BY COURT HOUSE
    12/23/10 RECEIVED A COPY OF THE "MOTION TO DISMISS COUNTERCLAIM" BY THE ATTORNEY/COLLECTION COMPANY.
    IN THE MOTION IS A DATE FOR TRIAL ON 1/26/2011.
    I HAVE NOT RECEIVED ANYTHING FROM THE COURT DO I NOW NEED TO GO TO COURT JAN 26, 2011 OR DO I NEED TO WAIT UNTIL I RECEIVE SOMETHING FROM THE COURT?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Motion to Dismiss Counterclaim

    If a motion has been noticed for Jan. 26, you should expect that the motion hearing will occur on Jan. 26.

    You should file a timely answer to the motion, supported by any relevant case law or other legal authorities, and be prepared to argue your side of the motion.

  3. #3
    Join Date
    Dec 2010
    Posts
    3

    Default Re: Motion to Dismiss Counterclaim

    The paperwork came regular mail by the attorney/debt collector.
    Do I need to wait for Court House to send paperwork? Or is this usual way counterclaims are handled? I would have thought the Court would be the one sending me something?

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Motion to Dismiss Counterclaim

    You get served with motions by the party filing the motion. You don't need nor do you get a second copy from the court.

  5. #5
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Motion to Dismiss Counterclaim

    Did you get a memorandum of law supporting the motion to dismiss? If not, chk to see if its required. If it is required then a motion to strike the motion to dismiss would be in order. Check with the court clerk about the JAN 26 court date to see if you indeed have a hearing date on that date...attend if you have a hearing. You can respond to the motion by one of 2 ways: first: an objection to the motion/memo incl. if required OR 2nd) by a motion to strike if something is found to be legally insufficient with the filings by the plaintiff

  6. #6
    Join Date
    Dec 2010
    Posts
    3

    Default Re: Motion to Dismiss Counterclaim

    Do I send a copy of my answer to the Court and the Plaintiff?
    What happens if I can not get to court house on Jan 26, 2011?

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