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When filing a motion to dismiss can you assert an affirmative defense?
Wiki User
∙ 9y ago
The majority of courts generally will not dismiss a complaint at the pleading stag based on affirmative defense, dismissal at this stage may be appropriate when the allegations in the complaint establish the defense.
Wiki User
∙ 9y ago
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What does dismiss with leave mean?
"Dismiss with leave" typically indicates that a case or matter has been dismissed, but with the possibility of it being refiled or revisited at a later time if certain conditions are met or new evidence emerges. It allows the option for the case to be reopened or continued in the future.
Can you retract a divorce filing?
Yes, you can retract a divorce filing. Your attorney can submit a form requesting the court to dismiss the case.
What happens after an fwop notice is filed in court?
After an FWOP (Failure to Work or Pay) notice is filed in court, the court may issue a summons requiring the individual to appear in court. If the individual fails to appear or address the matter, the court may issue a warrant for their arrest or take other legal actions to enforce compliance with the original order.
Can you file a response to a supplemental petition for modification after filing a Motion to Dismiss for failure to state a cause of action?
No, not until the judge renders a decision on the pending motions already before him/her. Of course you could withdraw your motion to dismiss and answer the other sides action. . . that's entirely up to you.
How and what format should you use for filing a motion for lack of subject matter jurisdiction for a traffick ticket?
To file a motion for lack of subject matter jurisdiction for a traffic ticket, you would typically submit a written motion to the court that outlines the basis for your argument. The format should include a caption with the court's name, case number, and parties involved, followed by a clear statement of the issue and your legal arguments supporting the lack of subject matter jurisdiction. It's advisable to follow the court's rules for formatting and filing motions.
Can a credit card company sue you after 6 years?
Yes, it can even if the applicable statute of limitations on the claim has expired. A court will not refuse to accept a complaint for action just because the statute of limitations has expired. Nothing in any court rule forbids a plaintiff from filing an action that is beyond the statute of limitations. In fact, court rules require that a defendant must make an affirmative statement in the answering pleading that the claim is barred by the statute of limitations or that defense will be waived and the action may proceed even though the statute of limitations has expired. Once the statute of limitations has been raised as an affirmative defense, the plaintiff is required to prove that the SOL should not bar its claim.
Are there fees involved when you dismiss your bankruptcy?
A debtor can dismiss a Chapter 13 bankruptcy at any time without a fee, except perhaps for any remaining attorney's fees that have not been paid under the Chapter 13 plan. A debtor cannot voluntarily dismiss a Chapter 7 without filing a motion wiht the court. Even then, the debtor must be able to demonstrate that no prejudice to creditor if the Chapter 7 is dismissed. The debtor can convert the 7 to 13 (which does involve a fee) and then dismiss the Chapter 13.
What happens if you dont pay after filing bankruptcy?
Assuming its a chapter 13 bk, if you dont make your plan payments the court will dismiss your bk- allowing creditors to resume collection efforts
If you owe a thousand dollars to chapter 13 but are behind paying what will happen if you do not pay?
The trustee/bankruptcy court can dismiss the chapter 13. Creditors would then be able to pursue collection including filing a lawsuit.
How do you get your chapter 7 bankruptcy case dismissed when you have no attorney clerk was unable to help?
You will need to file a "motion to dismiss." Don't forget to serve your motion on the trustee and us trustee. Unfortunitely, you do not have a "right" to dismiss your case. The court will typically set a hearing to hear your reason for the request. Don't be surprised if your trustee objects to the dismissal if there are assets. (They receive a percentage of the value liquidated). The court may also dismiss your case if you have not complied with all of the filing or fee requirements.
Cancellation of chapter 7 bankruptcy?
You can dismiss a bankruptcy. (Motion to dismiss) However, you will no longer be under the protection of the bankruptcy courts, will still owe everything, and will still have a bankruptcy on your credit report. You may also be prevented from filing again for quite some time. Talk to an attorney about your individual circumstances and how your local Bankruptcy court handles these situations.
If you are in chapter 13 bankruptcy can you file for a voluntary dismissal to refinance your house?
I f that was the main reason for filing the c. 13, you can. Make sure the lender knows about the bankruptcy and you have a refi commitment before you move to dismiss.
