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Motion for dismissal - what's next?

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joanimal

Junior Member
What is the name of your state? Texas

I have a multi-part question. In the case of Bank VS. myself (although at the bottom of most of the letter's it does state that this is a debt collector and not the creditor.) Background .... This case is concerning a credit card that I stopped paying on. I don't believe that I owe anything in this case as it is a debt collector (clearly stated on the lawsuit cover letter) and not the bank that has filed the lawsuit. The debt collector wants money becuase they purchased the debt from the bank, I haven't heard from the bank in forever and it's not on my credit anymore.

The judge has signed my fiat for motion for dismissal with the hearing dated for April, 2008. The judge also denied the plantiff's motion for summary judgement for the full amount of the debt. Does that mean that the judge just signs it and I pay nothing but I show up for the hearing, it's simply dismissed (A) or does he (the judge) argue it and can he the judge impose a dollar amount (B)... I want to know what happens or what is customary in this instance... from the best that could happen to the worse that could happen(C), (D), (E), etc. Do I need a lawyer to attend the hearing for me or with me? (F)

I haven't had a lawyer to this point and have stated in all of my submissions that I cannot afford one which is why I am in this positon in the first place and I'm not at all proud of this entire situation. My husband lost his job when I was 8 1/2 months pregnant with a high risk baby who was born with 1 mild birth defect (single organ failure). He has had a low immune system and I've found it difficult to work steadily with him being sick often but at times I have had 2 and 3 full time jobs or have been training for one job without pay while I work the other job. And my husband is currently working 2 full time jobs and it's still not enough - We are extremely frugil, no cable, no car payments, no magazines, no eating out, no bad habits, clothes are hand-me-downs, etc.

Thank you for your time and consideration,
 
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joanimal

Junior Member
I don't really know what a fiat is. But that's not saying much as I know nothing about legal proceedings. I learned of it after I had handed in a motion for dismissal, the law librarian stated that I would need one so I handed it in a few days later, it has fill in the blank spaces for the judge to use and reads like this.....FIAT MOTION FOR DISMISSAL

Take notice that the defendant's foregoing motion is hereby set for hearing on the______ (then there is space or the judge to sign it and set dates)
also... Certificate of service is at the bottom and I sent it to the plantiff.

I'm wanting to know what happens at a motion for dismissal, from my perspective, best case to worse case. My best case would be it's dismissed and I pay nothing. I have so many questions... Is there a form that I would have to bring to the hearing for the judge to actually dismiss it? Or is my motion good enough? Can the judge impose his own dollar amount... He did deny the plantiff's motion for summary judgement before he signed my fiat for motion for dismissal.

I would greatly appreciate any input / advise on this. Respectflly Submitted, joanimal
 

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