Motion To Restore To Active Docket???

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CHADT

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I recently went to court over this civil summons and they never showed up and the judge dissmissed it heres my other post that it started from ... http://www.thelaw.com/forums/showthread.php?t=14308 No they file for a motion to restore to active docket. is there anything I can do to stop this cause it already cost me a months of work before cause im a sheriffs deputy and I cant work while this stuff is waitin to goto court. i have no idea what the heck it is. I ask them and ask them to send the contract I signed or something showin that its mine but they wont they told me who it was from and i called them and they said i never had an account with them and they kept lookin and finally said i had a credit card with them a long time ago but it had done been deleted off their files but i still dont remember ever having any card with them it was on my credit report but i had it removed...Please help. Thanks for any INFO...
 
Well, in general motion practice, you have to respond to the motion or the judge will go with it. When you file your response to the motion, be sure to include an affidavit. Corp. can NOT give affidavits.(they may try)

You only have a short time to respond to that motion. If they win on the motion, I assume you will be back into the action. If that happens, you can discovery them to death.

In your response to their motion, you will want to hammer on the civil rules of your state which the judge dimsissed on. Memorize that procedure, this is your stongest point.

Was this dismissed with or without prejudice?

Chadt: can you provide 1-the date the motion was filed 2-If the court tells you if you must respond, how much time 3-do you need help finding your states rules of civil procedure? If you do, post the state, I will find you the link.
 
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He dismissed it because this Brock and Scott people didnt show up at court. he got somebody to call them to see if they was coming and they said they didnt know that it was court day said they thought it was rollcall and I told him i done missed a month and half of work and all because or it and I would like to have it dismissed. he looked at the 1/2inch think pile of bill of sells and said theirs not even a signed contract or anything here and said I agree they knew they was suppose to be here case dismissed...... it says it was submitted on jan 3 it doesnt say if i need to responed or not. I can scan a copy and send it to you if you think you can help me i live in North Carolina
 
You need to file a motion in opposition. Simply state that they failed to state a claim and also failed to appear and plead the SOL as an affirmative defense and ask for summary judgment on the SOL.
 
CHADT said:
He dismissed it because this Brock and Scott people didnt show up at court. he got somebody to call them to see if they was coming and they said they didnt know that it was court day said they thought it was rollcall and I told him i done missed a month and half of work and all because or it and I would like to have it dismissed. he looked at the 1/2inch think pile of bill of sells and said theirs not even a signed contract or anything here and said I agree they knew they was suppose to be here case dismissed...... it says it was submitted on jan 3 it doesnt say if i need to responed or not. I can scan a copy and send it to you if you think you can help me i live in North Carolina
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I don't need to see it, a motion is a motion.

They knew it was court day, you and I know they knew lol.

When the judge dismissed, he/she should have put in the order "with" or "without" prejudice. How did he/she dismiss it?

If you beat it down this time, I strongly urge you to file an action against this group in Federal Court.
 
im not sure about the with or without prejudice to be honest its been a couple of months. is there anyway i can find out and whats the difference
 
CHADT said:
im not sure about the with or without prejudice to be honest its been a couple of months. is there anyway i can find out and whats the difference
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Yes, go to the court and get a copy of the order. With prejudice means they cannot refile the action. Without prejudice meants they can file the action again after dismissal.
 
CHADT said:
What kind motion do i need to file and can I do it myself?:confused:
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You must respond to their motion. You can file another motion if you like, but you have to answere their motion.

If your answere is what the judge goes with, it will be over.

I emailed you some stuff to go over. Note that the motions site I sent you to is for Montana, and those times may differ from your state.
 
garykittrell68 said:
If the credit card was from a long time ago check on the statute of limitations for your state........

Gary
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IF you check that, make sure you know what you are looking at. Some state the SOL begins when you are GIVEN NOTICE of debt. So the SOL may start from when you were first given notice, rather than when the debt originated. I had a case in July of last year on a bad check, that's what I got him on. Hadd he waited a couple more years to give notice, he may have won.

They already lost once, I think they are grabbing at straws here. Answere the motion, if the SOL has expired, put that in there. Hammer on the fact they failed to show and the good judge dismissed.

If this company is from another state, they may not be filing in the correct court/jurisdiction. Check into that.
 
These brock and scott law firm is from nc to. I check my dismissal order they sent me that the judge signed and they didnt check either box with or without prejudice. both boxes dont have a check in it so im not sure. i dont work tomorrow so i may go to the court house tomorrow and check their records and see. im not sure how to check the SOL because its done be removed from my credit record.....How do I answer to their motion? it doesnt say on here it doesnt even say i have to but i would like to because i cant afford to lose anymore work time or get fired because of something i no nothing about. see being that i work for a sheriffs department if it gets put back on the active docket i will have to take a leave from work until its settled if i dont get fired and heck the court day maybe a month later
 
Call or go up to the clerk of court and see if they a "motions packet", it will be forms. It should come with instructions. (They do in Montana anyway). See if you can come up with something there. You can ask the clerk of court, they may or may not tell you.

Here is what a response from Montana looks like. The header and everything is messed up on here, but you get an idea:

_________________________
(your name)
_________________________
(your street address)
_________________________
(city, state, zip code)
_________________________
(your phone number)







MONTANA ____________________ JUDICIAL DISTRICT COURT,
(number of district in which your county is located)
____________________ COUNTY
(name of your county)

) Your Case No. ____________________
_________________________, )
)
Plaintiff, )
) RESPONSE TO MOTION FOR __________
vs. )
) _______________________________________
_________________________, ) (name of opposing party's Motion)
)
Defendant. )


I, ____________________________, oppose the Motion for _______________________
(print your full name) (name of opposing party's Motion)

filed by _______________________________, for the following reasons: __________________
(name of opposing party who filed the Motion)
______________________________________________________________________________
____________________________________________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________________________________________________
______________________________________________________________________________
0 I would like a hearing before the Court on this Response. (Explain why you want a hearing in your Affidavit).
I have filed the following documents along with this Motion:
0 My Affidavit in support of this Response.
0 A proposed Order for the Court's signature.
0 My Affidavit of Service, which indicates how I served copies of these documents on the opposing party.
0 Other:____________________________________________________________
______________________________________________________________________________
Dated this ______ day of ___________________, 20____.
(date) (month) (year)

___________________________________
(Your signature)

___________________________________
(print your name)
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