My question involves collection proceedings in the State of: Maryland, District Court
I am being sued by a bank that purchased (or merged with) the original bank for an alleged credit card debt. I was alerted of the suit by receiving multiple unsolicited mails by law firms long after time for filing a Notice of Intention to Defend(NOI). After some research including going to get a copy of the suit and extensively combing through this forum, I went and filed a NOI that said the following: Lack of Service, Failure to state a claim, Failure to state the basis of the lawsuit, No legal standing and lack of this court jurisdiction.
I followed this NOI filing with a Motion to Dismiss for Lack of Service several days later, and requested a hearing on my motion.
During the hearing the Judge told me that I may have waived my claim of lack of service by filing a NOI that stated my defense claims and addressed the merits of the lawsuit. I indicated that because I included the lack of service claim on my NOI as the 1st item, as well as filed this motion as my first motion in this matter, I don't believe that I waived my lack of service claim. The judge continued the case to allow me to find case law or justifications for my position.
For that I need all the help I can get...
Thanks in advance
I am being sued by a bank that purchased (or merged with) the original bank for an alleged credit card debt. I was alerted of the suit by receiving multiple unsolicited mails by law firms long after time for filing a Notice of Intention to Defend(NOI). After some research including going to get a copy of the suit and extensively combing through this forum, I went and filed a NOI that said the following: Lack of Service, Failure to state a claim, Failure to state the basis of the lawsuit, No legal standing and lack of this court jurisdiction.
I followed this NOI filing with a Motion to Dismiss for Lack of Service several days later, and requested a hearing on my motion.
During the hearing the Judge told me that I may have waived my claim of lack of service by filing a NOI that stated my defense claims and addressed the merits of the lawsuit. I indicated that because I included the lack of service claim on my NOI as the 1st item, as well as filed this motion as my first motion in this matter, I don't believe that I waived my lack of service claim. The judge continued the case to allow me to find case law or justifications for my position.
For that I need all the help I can get...
Thanks in advance
Collection Lawsuits: Do Filing a Notice of Intention to Defend Waives Your Lack of Service Claims
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