Motion to dismiss
I have posted before I’m currently in a small claims court and I’m going to go get my papers since they are trying to serve papers to an address. I haven’t looked at in over 15 years besides the point I’m going there because I checked the system and it is a debt collector the debt collectors now having a case open and a jurisdiction I do not live in and did not get the debt in and I know that is a violation of the FDCPA section 811. My question is I want to file a motion to dismiss but I didn’t know if I have to put my appearance in and then the motion to dismiss or if I even put an answer in I’m trying to figure out each step, but I do know I have to put my appearance in first I am just unsure of putting my answer in and counterclaim before or after I put in a dismissed due to wrong venue.
Location: Peoria, Illinois