[Bob Gnuheart]

Summary of previous posts:

Sued by junk debt buyer. Answered summons in March.
2 months later get notice that they have made a motion for summary judgment.

So I file 2 things:

- Opposition to Motion for Summary Judgment
- Filed a Motion to Dismiss Complaint

Now I get letter from court saying we have hearing for motion to dismiss in a couple months.
My questions are:

1 - What happened to their MSJ and my opposition? Do I assume that summary judgment was not granted since there is a hearing date set based on my motion to dismiss?

2 - What can we now expect? Will this hearing be like a trial? Will we need to present anything or will the hearing even necessitate our presence?

3 - Letter says we have to notify Plaintiff's counsel. Should we simply mail a copy of the letter we received from court with the date/time?

We sent a copy of our opposition to MSJ and copy of Motion to dismiss CMRRR to Plaintiffs attorney and oddly have not received the green receipt from the post office. Few weeks ago and they are only an hour from us. What can I make of this?

Anyway, thanks for any advice and input.

[vialna]

on ques 1 i would call the courthouse where u filed and speak to the judges asst. they have alot of info...i would state the remark in number one to her and ask if this is normal procedure to hear the mot. to dis. before ruling on op to sum jud...she would be able to give u that info...

2 i would be prepared to argue the case..take all u have with u
the judge may ask what your reasons are and that way u have everything with you...

3. I would send a copy cmrrr of the letter from court to the plantiff...but again when u speak to the jduges asst. u can ask her if u must do that or if the court nofitifies the plaintiff.

as to green card...i would check with the post office..u have a copy of the slip with the numbers on and they can track it...

[Enigma]

#3.

PLEADING HEADER

<centered> NOTICE OF HEARING

To: Opposing counsel name, address

PLEASE TAKE NOTICE that the undersigned will call up for Hearing before the Honorable Judge xxxxx, one of the Judges of the above-styled Court, in Chambers, of the <your county> County, Courthouse, Courtroom ##, <court address> on the xxth day of MONTH 2008, at <time> or as soon thereafter as same can be heard.

Defendant's Motion to Dismiss

I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Hearing was furnished by Certified US Mail, Return Receipt Requested XXXXXXXXXXXX, to the above named addressee, on DAY, DATE.


Your name
address
telephone #

By:_____________________
Your name