The banks lawyers are stating I am not property pled and I am telling the facts about what frauds happened. How can I successfully write a memo of opposition so that I am not dismissed?
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Created on: 02/15/14 12:54 PM
Replies: 2
CLAUDIA1
Joined: 11/08/13
Posts: 1
TERRY4
Joined: 11/08/13
Posts: 32
RE: How ..does a home owner write a Memo of Opposition to a Banks motion to dismiss?
02/27/14 2:39 AM
Claudia
I think what you meant was the bank is asking for a dismissal on the grounds that your answer is not properly plead.Is that right?
You need to go and look up pleadings section in the tutorial and the section on answers and affirmative defenses.There's a lot to learn but not to hard.You said there is fraud involved and that is an affirmative defense,If you don't put it in your answer you will have waved it as a defense.
Hope that helps.
Tom
FRANK5
Joined: 11/27/13
Posts: 5
RE: How does a home owner write a Memo of Opposition to a Banks motion to dismiss?
08/26/14 4:24 PM
You can also follow the exact template that the attorney for the plaintiff used
Whatever they write.... you write in your memo
That way you can address section by section and line by line what they are alleging.
It will be easier to punch holes In their lies.
Pluss you will be using a format that the sitting judge is familiar with.
Hope I am being clear
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