Motion to Dismiss question

[Preciousness]

What is the name of your state (only U.S. law)? Maryland
I am being sued for an expense my (almost 18 y/o) daughter imposed on her friend by getting the girls car impounded (CRAZY situation). She filed the suit in her county, not mine, so on Aug. 1st I filed a "motion to dismiss" for improper venue. Today is the 21st, and I called the court to find out the status. The clerk told me that they are "short judges and there a little backed up, so it might take a while".
Do I just sit here & wait until he gets time, or is there another motion I can file for no response within the alloted time (I was told 14 days)
Any suggestions/advice would be greatly appreciated.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[seniorjudge]

Q: Do I just sit here & wait until he gets time, or is there another motion I can file for no response within the alloted time (I was told 14 days)

A: I called the court to find out the status. The clerk told me that they are "short judges and there a little backed up, so it might take a while".

 

[Preciousness]

SeniorJudge- Is that suppose to be an answer to my question? Seriously, can't anyone give a straight answer on this forum?
Again, my question.... Is there a motion I can file for not getting an answer in the 14 day allotted time?

 

[Indiana Filer]

SeniorJudge- Is that suppose to be an answer to my question? Seriously, can't anyone give a straight answer on this forum?
Again, my question.... Is there a motion I can file for not getting an answer in the 14 day allotted time?

And if you file that "motion", the clerk will tell you that the judge won't immediately rule on your motion because "they are short judges and there a little backed up, so it might take a while".

As long as you filed within the statutory limits, you just have to wait until the judge makes a decision.

 

[seniorjudge]

SeniorJudge- Is that suppose to be an answer to my question? Seriously, can't anyone give a straight answer on this forum?
Again, my question.... Is there a motion I can file for not getting an answer in the 14 day allotted time?

My answer was as straight as they come.

 

[tranquility]

Just out of curiosity, is a motion to dismiss the proper motion for improper venue? Isn't the proper motion a motion to change venue or to remove? Venue is not jurisdiction, the court can still decide and make the judgment stick.

Before the OP gets all pissy at those who answer in the forum, he should hope he doesn't get sanctions for the frivolous motion.

(To the OP, I wouldn't file anything to force the court to make a rapid decision. Pro per mulligans only last so long.)

 

[Preciousness]

My answer was as straight as they come.

Just because you put "A:" in front of MY quote, doesn't constitute an answer.
Are you really a judge, or just a wanna-be ??

 

[Preciousness]

Just out of curiosity, is a motion to dismiss the proper motion for improper venue? Isn't the proper motion a motion to change venue or to remove? Venue is not jurisdiction, the court can still decide and make the judgment stick.

I filed Motion to Dismiss for Improper Venue, at the advice of a REAL attorney. Guess I should just pay to get his advice since it's ACTUAL advice & not just comments posted by "holier than thou" personalities.

Before the OP gets all pissy at those who answer in the forum, he should hope he doesn't get sanctions for the frivolous motion.

What's frivolous, is the suit itself, but thanks for your opinion. (By the way... we all know about opinions, right ? )

 

[Rexlan]

I filed Motion to Dismiss for Improper Venue, at the advice of a REAL attorney. Guess I should just pay to get his advice since it's ACTUAL advice & not just comments posted by "holier than thou" personalities.

What's frivolous, is the suit itself, but thanks for your opinion. (By the way... we all know about opinions, right ? )

You seem to have an attitude and you are not welcome here. You received the proper answer and the same answer from the clerk. Go back to your real attorney and ask.

Possibly you can reevaluate your parenting skills while you're waiting. Hopefully you will discover the reasons that led to this situation in the first place. In the alternate, you could shoot the kid and be done with her! This is America .. you have a choice ... LOL.

Any idea how to initiate getting my daughter emancipated? She is 2 months away from turning 18 & I can not longer afford to be liable for her actions. She lives on her own, with her boyfriend, and is continually getting into legal trouble.

 

[seniorjudge]

What is the name of your state (only U.S. law)? Maryland
I am being sued for an expense my (almost 18 y/o) daughter imposed on her friend by getting the girls car impounded (CRAZY situation). She filed the suit in her county, not mine, so on Aug. 1st I filed a "motion to dismiss" for improper venue. Today is the 21st, and I called the court to find out the status. The clerk told me that they are "short judges and there a little backed up, so it might take a while".
Do I just sit here & wait until he gets time, or is there another motion I can file for no response within the alloted time (I was told 14 days)
Any suggestions/advice would be greatly appreciated.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

Had you not mentioned that you had talked to the clerk, I would've told you to do so.

The clerk gave you the correct answer.

 

[Zigner]

Had you not mentioned that you had talked to the clerk, I would've told you to do so.

The clerk gave you the correct answer.

See SJ - the problem is with YOU. You INSIST on giving accurate information. Shame on you!

 

[seniorjudge]

See SJ - the problem is with YOU. You INSIST on giving accurate information. Shame on you!

It's a habit....