Dear Wonderful Creditnetters: Well, I have been issued a summons from Midland and need to know how to handle this. I have read the forums and have a basic idea on what to do, but want to be sure I handle this right. I have read about filing a Motion for Definite Statement, but cannot find a form or something to go by. How do I do this? Also, I want to be sure I understand that I don't file my answer until they answer the Motion for Definite Statement. I am in NY. Thank you for anyones help.
Thank you for providing the link for me. Unfortunately, I am not all that law savvy and not sure what to keep in, take out, etc. Does anyone have a copy of theirs or can guide me a little more? Again, thank you for responding.
That sample is more of a Memorandum than a Motion. Essentially, just state that you don't know what they're alleging or if it's a breach claim, that they've not provided the contract thus, you don't know what there talking about. Fairly easy, the more simple the better. Pro se litigants often go overboard and it drives everyone nuts. Just put down the bare essentials so that the Court and your opposition understands the impetus of the Motion.
Yes, that is a good example of how to prepare a motion for more definitive statement but only if you already know how to set up the caption of the case, the title, the preamble and then formulate the necessary questions and statements. Also, that is a federal court case and so must be much more formal than a case would be in a state district court case. If the poster were already so knowledgeable about how to prepare a case or a document as to be able to utilize that FTC case as a learning tool he probably would not need to be asking for help here. Of course, your example FTC case makes perfect sense to me but I doubt that it would to the average person trying to develop a motion like that for the first time.
I do appreciate everyone that has been responding to my question. I do need help in formatting this response. I have to turn this in soon. How do I go about putting this in proper format? They did not provide any other documents other than the summons and complaint.
I doubt that anyone is going to give you the help you need in any open forum. Too much danger in doing that. I'd suggest that you go over to consumers.creditwrench.com and get Bill Bauer's phone number and call him. It won't be free but he will send you a huge amount of material for you to study and will walk you through the process step by step over the phone and by email. He will teach you how to do it and then have you prepare your best effort and he will then correct your work for you so that you learn your mistakes. Then once you have your motion for more definitive statements prepared he will also walk you through motions to dismiss, interrogatories, admissions and demand for production of documents. He will also provide you with a 75 question TILA questionaire which you can send to the Plaintiff, (not the plaintiff's attorney because he can't answer the questions) and whatever else is necessary. It will be up to you to go to the various hearings and do the best job you can. He has helped lots of people in this way and so has the experience to know what to do next and when to do it. Looks like he just won the million dollar lawsuit against him in El Paso Federal court all by himself so he has to know how to do those things.
Thank you Cap1. Unfortunately, I am so limited on funds and unfortunately have to have this turned in by next week. I do understand that people cannot give out detailed info on an open forum, which I totally respect, but hope someone can guide me a little, show me what a Motion for a Definite Statement looks like, or anything to that tune. Again, all answers are very, very appreciated by me.
Well, you could look at the one he wrote up in the lawsuit he seems to have won. http://www.creditwrench.com/CalliervBauermotion4moredefinitestatement.html That one is pretty simple to understand.
That was a definite start you gave me. Thank you. I will be looking at it in its entirety tonight. This board has been absolutely wonderful and a big thank you to all who make time to help someone else. A true community.
This is a link for civil rules pre-trial stage http://faculty.washington.edu/tomcobb/civil_case/ If you do this your self you can find pleading papper (blank) on line or if you have MS-Word should have a template you can use. You might be able to find a pera-legal or legal secratery to do for a small fee.
I think that if you will go to google and type in the words "open office" and click on the first link that comes up, download the program and install it you will find that it is much easier to use than Microsoft word and has all of the other programs that normally go with word. It is free to download and free to use since it is open source software. Won't ever cost you a dime.
