Question from South Side of Chicago:
Is the defendants filing of a 12(b)(6) a result of my FDCPA/FCRA complaint being weak?
Answer:
No. The Federal Rules of Civil Procedure (FRCP) 12(b)(6) “Failure to State a Claim for which Relief can be Granted” type filing is not a good way to judge the quality of your lawsuit. Filing a 12(b)(6) is a standard practice for a defense lawyer. Don’t let it rattle you. You will need to answer with an opposition to their motion. Here is an example that doesn’t relate to your case, but you can see what needs to be done: http://www.ftc.gov/os/caselist/0923130/091224firstuniversalmotion.pdf
Also, you will want to have an affidavit attached to you opposition to their 12(b)(6).
I have had a 12(b)(6) filed in my cases 6 or 7 times. my filing my opposition with an affidavit has made the judge keep the case going and deny the motion to dismiss.
Hope that helps.
Fight the essential Fight, Boiler
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