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Collections Law/Service of process on debt
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Question
I filed a motion to dismiss for insufficiency of service of process and you told me I would probably lose the motion as it was probably valid service HOWEVER the debt collector has not even responded to my motion and it has been 20 days. My question is will the judge still rule against me if they dont even ever respond to my motion to dismiss?
That's hard to say how a judge might rule but most judges are reluctant to dismiss as a result of the failure of the plaintiff's lawyer to respond to such motions. The reasoning behind such action is that the plaintiff has a claim and it is not the plaintiff's fault that they happened to hire a stupid lawyer. On the other hand, busy plaintiff's lawyers usually know this and just ignore such a motion knowing the judge won't rule in the defendant's favor. Even if the judge does rule the lawyer can always reopen or refile.
No, that's not fair but that's the way it usually works.
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Answers by Expert:
Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.
Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.
Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
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