hi, I've just recently joined last week. my question is: is it to late for motion to dismiss, as I have evidence of accord an satisfaction, in the form of the plaintiffs(collections) email! what I've done so far is: I filed notice, intention to defend, my answer to the complain was: Innocent with evidence. No Merit to the complaint.(that was stupid but prior to this knowledge ) .
2. Next, I motioned to dismiss. per plaintiff filed in his county, not mine, wrong venue. the court denied dismissal but granted change of venue.
3. I am still waiting on the new court date.
? does the complaint start over again fresh in the new venue/county. will I have a fresh chance for affirmative defense?
? Or does it have to be a new motion im filing. and am I allowed to file this (second) motion which will be Motion to dismiss per Accord and satisfaction.
? Or is it to late to file motion to strike, complaint is a Shame. because he failed to mention our email and phone call in which I verbally gave him my credit card # to make a hefty $250 towards the 400$ surgery bill. he goofed, and sent me an email the same day that states no payment needed, never charged my card, and stated the bill is payed in full. and less than a mount later he slapped me wit a breach of contract suit...
anyway let me know if this the way to go. I realize I need to get discovery and verification of claim entered from him. Do I call or write and ask him to send those to me or do I need to go though the courts to ask him. I realize this info may all be illuminated on this site but im crunched for time and don't want to skip ahead in the tutourials. I just need to buy some time to study and need to get something entered. this Case is in Howard county district court of Maryland. thank you all for reading.