Dismiss Without Notice

State:
Multi-State
Control #:
US-02684BG
Format:
Word; 
Rich Text
Instant download

Description

The Dismiss Without Notice form allows defendants in foreclosure actions to formally request the court to dismiss a plaintiff's complaint without any advance notice to the opposing party. This form is particularly valuable for attorneys, partners, owners, associates, paralegals, and legal assistants who require a streamlined process for disputing foreclosure claims. Key features of the form include sections for stating the grounds for dismissal, emphasizing the lack of standing of the plaintiff, and addressing deficiencies in the plaintiff's pleadings regarding ownership and assignment of the note and mortgage. Users must clearly articulate the reasons for dismissal, making sure to cite appropriate civil procedure rules. The form requires users to provide their name, the defendant's name, and detailed justifications based on legal standards. Additionally, the certification of service section is crucial, as it affirms that the motion has been properly communicated to the plaintiff's counsel. This document serves as a pivotal tool in foreclosure defense, ensuring that cases are dismissed when legal requirements are unmet.
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How to fill out Motion To Dismiss Foreclosure Action And Notice Of Motion?

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FAQ

The law specifically excludes expungement for any violent crimes, sexual offense or for any crimes against children or public corruption.

Police cannot see expunged records. That's because when a court expunges your records, your files are destroyed or returned to you. It's like you never had a criminal record in the first place.

If you expunged a Class-D felony, the prosecutor's office can keep a nonpublic copy of your record for law enforcement purposes only. Your conviction, dismissal, or acquittal is erased and will not show up on any state background check.

KRS 431.073(1)(d). This means that if a person previously received an expungement, they are entitled to a second expungement under KRS 431.073(1)(d). All other conditions for Class-D felony expungement must be met. The following convictions remain ineligible for expungement pursuant to KRS 431.073(1)(d): 1.

If you were charged with a felony in district court and have not been indicted, you can file to ask for an expungement after 6 months. There is no filing fee. You fill out a Petition for Expungement ( ) in the court where your case was dismissed.

The total fee for a felony expungement is $300. A $50 non-refundable filing fee is due at the time the application is filed. If the application is granted, the defendant must pay an expungement fee of $250, which can be made in installment payments. The expungement cannot be completed until the full $250 has been paid.

Ing to the Clean Slate Act, the Kentucky State Police and the Administrative Office of the Courts would identify eligible convictions for expungement. After compiling a list, the Administrative Office of the Courts will inform the original jurisdiction courts of which convictions qualify for sealing.

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Dismiss Without Notice