Filing Motion to Dismiss

What state are you in?

I am in Mississippi

So I filed my Motion to Dismiss the case with Arrow Financial. The clerk told me that the judge won't see it until I file an Order. I've been researching for my state, Mississippi, to see how to file an Order and can't seem to find the answer. If anyone has suggestions, please let me know.

hang on, I wouldnt file that motion just yet.

Since this is in court, the debt validation letter is worthless to you at this point. you are still able to make them prove their case, but now you have to file a motion for discovery/request for production of documents. The moment they file the complaint and have you served the summons, they are no longer required to stop everything until they validate.

Research your state's procedures for filing motion for discovery/request for production of documents. I will be back in a little while to mention a specific case law example that you should include with this motion--it will basically force the plaintiff to produce pretty much every detail in authenticated documentation for you, as long as the court addresses your case law example properly. But a motion to dismiss is premature, because you need to follow the rules of procedure.

Oh, and the order youre talking about is commonly known as "order to show cause". That may help you to find the info youre looking for on that one, but like I said, its premature to file an order to show cause/motion to dismiss just yet. Arrow Financial is known for filing lawsuits that they cannot prove, so as long as you stick to your guns and work within the law to force them to prove their case, you stand a good chance of getting this dismissed.

Thanks for getting me on track with this. I was reading the Civil Procedure rules for MS and did see where it said motion for discovery comes before a motion to dismiss. I'm determined to follow through with this and WIN!

How to ask for dismissla with prejudice and / or motion for dismiss?