motion to quash

[joker20]

my aunt has been involved in a dispute with a lawyer that alleges she downloaded pornography from the internet.. a 78 year old aunt.  A lawyer from some other state is attempting to obtain her personal information because all he has is her IP address and this lawyer is demanding that the internet provider release the information behind the address.  Apparently it is scam that is used by some lawyers to extort money from people.  She had a lawyer file a motion to quash on her behalf so as to block the release of her information.  My questions are:

1- Does the motion to quash have the lawyers name on it?  (we were told her name would not be on it)
2-We were told that a "hearing" must be set for the other lawyer to 'overrule' the motion to quash but, if the other lawyer doesn't have the motion to quash we win by default?   (I have no idea what that means, is their a time lift on setting a hearing for a motion to quash? 
3-What happens if a hearing is not set for a motion to quash, does it just sit their forever so that this lawyer can file a hearing 5 years down the road or something?


thank you-

[john4040]

The following is not legal advice:

1.  Yes, it should if properly filed.
2. Not necessarily.  Depends on the rules of the court.
3. No.  There are time limits for filing a response to a motion.  As long as the motion to quash has merit, it will be granted (facts will probably be deemed admitted assuming the opposing party fails to respond).  Check the local rules of the court.

[Julie Fern]

sound like legal advice...

[fortook]

Do they say she owes them money?  Looks like a debt collection. This is not legal advice. Why didn't your attorney explain the process to you?  Check to see if her comp is swimming with spyware, cuz that info is pretty easy to get.

[Julie Fern]

advice to get legal advice?

[fortook]

HeHe. Advice to get advice to get legal advice?