How can I get a civil suit for a debt dismissed?
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How can I get a civil suit for a debt dismissed?
I am being sued by a credit card issuer via a law office in circuit court. The plaintiff’s attorneys submitted a flawed complaint where the affidavit of open account was dated a month and a half prior to the filing of the complaint. The affidavit has to be dated within 10 days of the complaint. There was not a written instrument attached to the complaint. Discovery has come and gone as of 7+ months ago. We had a case evaluation and their attorneys still did not have any proof or evidence. Now, the judge issued mediation. It is going on almost a year and no evidence. How do I get this dismissed?
Asked on March 13, 2011 under Bankruptcy Law, Michigan
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Is the mediation non-binding? Is it mandatory? Is it before there has been issued a Note of Issue or Notice of Trial where both parties certify that all discovery is completed and that the case is ready for trial? Civil procedure laws differ in each state but in my state if the case were as you say and the plaintiff had not real proof then once the Note of Issue or Notice of Trial was filed the defendant would move for what is known as summary judgement. It may be a good time for you to pay a consultation fee to an attorney to see what strategies you can come up with on this matter. Good luck to you.
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