And for those defendants who bother to show up, the judge just asks them to step aside and make payment arrangements then still enters a judgment against them. ![]() ![]() He most likely missed something, but don't anticipate the attorneys representing the largest banking institutions in the world to "miss something".Īttorneys for these large banking institutions are known for standing in the same place for hours obtaining a series of default judgments. Chances are he used his own form or list of statements that he hand wrote at the clerk's desk when he filed it and paid the filing fee. Your chances are much greater for a non-standard type of lawsuit, like your neighbor suing you in his own behalf with out a lawyer in small claims court over some ridiculous argument. Your chance of having a motion to dismiss granted is not very good for a credit card lawsuit. ![]() There is a slight chance your motion will be granted but don't expect it. The hearing usually takes places in about thirty to sixty days giving you additional time to delay. The judge will not allow the plaintiff to bring in witnesses, present documents, or otherwise add anything to what his complaint states on its face. Then, if any essential elements of the complaint's cause(s) of action are missing, the judge may dismiss part or all of the complaint (usually giving the plaintiff a reasonable time to amend the complaint to cure its deficiency). You will know that the answer must be filed because the judge will rule on the motion at a hearing.Īt a hearing on a motion to dismiss for failure to state a cause of action on which judicial relief can be granted (for example) the judge is required to stay within the "four corners" of the complaint and assume (for the limited purpose of the motion) everything the plaintiff says is true. What you should know is the court will have a hearing on the motion in lieu of you having to file an answer, and after it is denied you will have another ten or twenty days to file your answer. Your likelihood of having it dismissed in this type of motion is very small. In other words, there complaint is correct, accurate and written in a calculated form. You can expect that the complaint templates they are now using withstood many thousands of tests, just like the motion to dismiss you might prepare to file. You must realize that banks and their attorneys have not only been using the courts under the same system of rules and civil procedures for almost a century (since 1913), but many of them assisted with it. Then if the plaintiffs allegations are not adequate enough to state a cause of action, the motion can be granted. It is essential to know the rules for dismissal in general, because the court is going to be assuming that all the allegations in the complaint are true. In fact, many of the law firms representing these banks have contributed to the very way these cases are processed by the court. Many people have discovered that the banks have been suing people for years with the same complaint forms under the same banking system of rules and procedures. 1490.A motion to dismiss can be a great tool but is not your best tool in a collection case. The provisions of this Rule 233.1 adopted March 8, 2010, effective April 8, 2010, 40 Pa.B. (e) The provisions of this rule do not apply to actions under the rules of civil procedure governing family law actions. (d) The court may sua sponte dismiss an action that is filed in violation of a court order entered under subdivision (c).Ī pro se party is not barred from raising counterclaims or claims against other parties in litigation that the pro se plaintiff did not institute. (c) Upon granting the motion and dismissing the action, the court may bar the pro se plaintiff from pursuing additional pro se litigation against the same or related defendants raising the same or related claims without leave of court. (b) The court may stay the action while the motion is pending. ![]() (2) these claims have already been resolved pursuant to a written settlement agreement or a court proceeding. (1) the pro se plaintiff is alleging the same or related claims which the pro se plaintiff raised in a prior action against the same or related defendants, and (a) Upon the commencement of any action filed by a pro se plaintiff in the court of common pleas, a defendant may file a motion to dismiss the action on the basis that:
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