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In civil matters lawsuits when your are the Defendant is it wise to file a motion to strike the plaintiff's complaint and exhibit upon which it is based before an answer is filed?
Wiki User
∙ 14y ago
My opinion is no. A defendant should file an answer and the motion to dismiss at the same time (if there are grounds to have the matter dismissed, of course). In fact this may even be required in most states. An Answer should be filed even if the reason for the dismissal is lack of jurisdiction over the defendant or subject matter. Sometimes, a defendant who files an Answer is held to have waived any claim of lack of personal jurisdiction. By filing the Answer he/she has just submitted to the jurisdiction of the court. But every Answer can provide that the defendant objects to personal jurisdiction as well as to the merits of the claim and retains the right to request dismissal at a later time. This ensures that the filing of the Answer does not waive the right to object to personal jurisdiction. The motion to dismiss may be filed later.
personal jurisdictions ?
Wiki User
∙ 14y ago
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How do you answer a Florida foreclosure complaint?
The reason you will find it difficult to get a good response to this question is because no lawyer who is allowed to give advice is going to give advice without seeing the specific complaint (and getting a retainer!). But here is a very general response:The complaint is the beginning of the court process and each of the paragraphs is an allegation that the mortgage company will have to prove. If you admit all the allegations or if the mortgage company proves all of its allegations (using documents, testimony, affidavits, etc.) or if you don't answer at all, then the mortgage company will get its judgment and will be able to schedule a foreclosure sale.In your answer, you are supposed to admit or deny (truthfully) each allegation. Anything you admit is established -- the mortgage company has finished proving that piece of its case. Anything you deny, it still has to prove. Sometimes there are allegations that are partially true and partially not. Depending on how it's phrased, it may be appropriate to deny the allegation or it may be appropriate to specify what's true and what's not. Then there are additional legal arguments you can raise called "affirmative defenses." In general, affirmative defenses are kind of "even if..." arguments, as in "Even if everything the mortgage company alleges were true (which it might not be), they're still not entitled to foreclose because...."You put all this together in a document called an "Answer," send it to the court and send a copy to the other side. Then you're ready to start defending the case and other legal papers and proceedings are going to follow.So you see, without knowing your precise factual and legal circumstances, no lawyer is going to be able to tell you what to say in your answer. And without getting a fee agreement, not too many lawyers are going to do it for you.====Well as a person who had to file their own answer to a complaint, I was really freaked out! I spoke to an attorney but he told me that his fees would be as much as the plaintiffs fees, so I didn't really see any help other than trying to get it all thrown out, which wasn't the case for me. I just wanted to pay the fees I owed without having to pay ANY attorney fees, regardless of who's side they were on.So for anyone out there trying to do it yourself, here is copy of what I filed. All you have to do is admit or deny each of the complaints on your complaint letter. I took 2 copies to the county courthouse (so they could certify one for me and one for them) and mailed one certified to the plaintiffs attorney. I hope it helps anyone who is clueless about what to do and how to respond. Good luck :IN THE CIRCUIT COURT OF THE 9TH JUDICIAL CIRCUIT IN AND FOR ORANGECOUNTY, FLORIDACASE NO:**PLAINTIFF**Corporation,Plaintiff,v.**YOUR NAME**,Defendant. /ANSWER AND AFFIRMATIVE DEFENSESCOMES NOW the Defendant, **YOUR NAME**, files this Answer to the Complaint filed herein by the Plaintiffs, **PLAINTIFF**, and would state as follows:1. The allegations of paragraph 1 are admitted.2. The allegations of paragraph 2 are admitted.3. The allegations of paragraph 3 are admitted4. The allegations of paragraph 4 are admitted.5. The allegations of paragraph 5 are admitted.6. The allegations of paragraph 6 are unknown and are therefore denied.7. The allegations of paragraph 7 are denied as phrased.8. The allegations of paragraph 8 are unknown to the Defendant and therefore denied.9. The allegations of paragraph 9 are admitted.10. The allegations of paragraph 10 are admitted.11. The allegations of paragraph 11 are admitted that Defendant owes the principal sum and additional assessments that have come due thereafter. The remaining allegations are denied as phrased.12. The allegations of paragraph 12 denied as phrased.13. The allegations of paragraph 13 are admitted.14. The allegations of paragraph 14 are admitted.15. The allegations of paragraph 15 are unknown and therefore denied.16. The allegations of paragraph 16 are unknown and therefore denied.AFFIRMATIVE DEFENSES1. Plaintiffs attorneys' fees have not been broken down to establish what the attorneys fees are exactly covering, including how many hours were worked, etc2. The Defendant made several payments to the Plaintiff, all of which were sent back to Defendant except the last one as noted on EXHIBIT B. It should also be noted Defendant has maintained a credit balance with Plaintiff on several occasions over the last 5 years and the account has only recently become past due.REQUEST FOR CONFERENCEDefendant, **YOUR NAME**, requests a conference to settle all issues.I hereby certify that the original was hand filed with the clerk of courts and a copy was sentby US Mail to **PLAINTIFFS ATTORNEY**, esq. on date **MONTH DAY,YEAR**.**YOUR NAME**Pro Se Defendant**YOUR ADDRESS****YOUR PHONE #**
Is exhibit pronoun or common noun?
Exhibit can be a noun or a verb: The art exhibit made him exhibit sympathetic feelings. It is not, however, a pronoun.
Can you give me a sentence with exhibit?
This exhibit is outstanding!
Do you have a sample answer letter for a civil summons for a lawsuit?
There is no sample "answer letter for a civil summons", because an Answer, as a pleading is governed by the rules of the court in which the Answer is filed. The exact form of an Answer could be different in each of the 50 state and federal court systems. Also, to be precise, one answers the allegations in the complaint, as opposed to the summons which makes no allegations against the defendant. Nevertheless a guide to answering a civil complaint is to reply to each numbered allegation one by one. Your reply will say either that you admit or deny the allegations in each paragraph x. If there are allegations where you are not certain whether to admit or deny based on the facts, you would reply that you neither admit nor deny the allegations in paragraph x, but leave plaintiff to its proofs. Generally, you must use separate paragraphs corresponding to the paragraphs in the complaint. One is not supposed to make a general denial where a defendant writes that he denies all of the allegations of the complaint.
Where is the exhibit button in Word 2010?
Underneath the place where the not exhibit button is
How do you name an exhibit on Zoo tycoon 2?
you click on the door to the exhibit and go to the tob of the exhibit page and it says exhibit and then it has a # and you click on that and type a name for the exhibit and click on the x and the exhibit is renamed.
When was Exhibit Piece created?
Exhibit Piece was created in 1954.
Do bacteria exhibit homeostasis?
All organisms exhibit homeostasis.
What phenominon Longitudinal waves do not exhibit?
They don't exhibit polarization.
How do you abbreviate the word Exhibit?
Exhibit can be abbreviated "Ex." or "Exh."
What is the suffix for exhibit noun?
The suffix for the noun "exhibit" is "-ion."
Are eviction notices public record?
Answernot likely these thing are genaly stored for a while with a particular agent and goes no further. Answer The eviction notice would only become public if an eviction lawsuit was filed. In that case, the eviction notice would be an exhibit to the complaint for eviction.
