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motions to spike versus motions to dismiss when youre sued for that brought to you by Kenneth Chabert at your legal Icom your advantage if youre being sued by debt collectors I get a lot of questions regarding motions to strike many of them are really questions regarding other procedures like motions to dismiss dont fall into the trap of thinking you can strike much of the other sides case thats actually very rare a motion to strike is a very specific thing something is in evidence and you wish to strike it pile of evidence why would you ever do this well important parts of the debt quarters case might depend on the particular evidence heres an example the defendant files whats known as a verified petition thats a petition that relies upon sworn testimony and theres an affidavit thats attached to it that verifies the petition if they do that the allegations the factual claims and the petition are considered evidence but what if the affidavit is improper check your Rules of C
