I am a Plaintiff suing a company for negligence and the personal injury that resulted in them sending a vulgar sound text. After I sent the summons to the company a representative stating she was authorized to research and settle for the company (proof in email) sent me an answer on behalf of the company within days. It denied the allegations. It was a copy so I assumed they sent the original to the court. There was no certificate of delivery on it but it was signed by the agent and looks like a legitimate answer. Eventually the company hired a law firm to represent me and once it was transferred to federal court they sent me a Motion to Dismiss which I answered and we will have a hearing in the future. Now that I am learning more about the legal process I only ever read that defendants can file and answer or a motion but not both. Can they either file an answer or a motion to dismiss but not both? I have contacted the clerk of court to see if the first answer was every filed into the first court. Since I got an answer from the defendant's rep first does that mean that their motion to dismiss is a 2nd answer and doesn't count? and now what? Thank you for any advice.
If you are represented by counsel, than all your questions should be directed to your attorney.
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I’m going to add a couple of things.... I assume the business is a business organization... LLC, corporation etc. if so agent can’t respond.... if it wasn’t filed with the court, then it doesn’t count. PACER can be used to verify that..... you need an attorney if you don’t have one.
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First see if in fact an answer was filed with the court
If so defendants’ options are limited.
Even so there are ways of challenging the complaint
You have to see exactly what the ground for dismissal are
The judge can permit the motion regardless
If the answer was not lodged with the court then the timely motion substitutes as along as the plaintiff has not changed position in some way
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