Author Topic: notice of dismissal for lack of service  (Read 548 times)

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muddywater

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notice of dismissal for lack of service
« on: May 14, 2017 03:10:49 PM »
I have been watching a case filed against me in AZ Justice court back in early Feb by Zwicker for Sync and waiting to be served, just a few days ago, just past the 90 day mark I see the court sent notice of dismissal for lack of service, Question; is this a good thing or a bad thing? I am what I would consider Collection proof, do they know this? or did they forget about me and now the last thirty days is a nail biter. (AZ 120 days to serve, I believe) Thank you.
Stand by for heavy rolls as the ship comes about.

fisthardcheese

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  • They forced arbitration into your contract. Use it
Re: notice of dismissal for lack of service
« Reply #1 on: May 14, 2017 03:17:24 PM »
Synchrony Bank?

Free JAMS.  I would use that.
11 Arb Settlements (9 AAA, 2 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)
1 Federal PTC Settlement (before hearing; pro-se)

muddywater

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Re: notice of dismissal for lack of service
« Reply #2 on: May 14, 2017 03:31:01 PM »
Synchrony Bank?

Free JAMS.  I would use that.

Yes I am aware of this, and it is something I let the CA know I would do if I was served.
Stand by for heavy rolls as the ship comes about.

Bruno the JDB Killer

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Re: notice of dismissal for lack of service
« Reply #3 on: May 14, 2017 07:22:26 PM »
Do it before they serve you, and you won't have to hassle with the court.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

CleaningUp

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Re: notice of dismissal for lack of service
« Reply #4 on: May 14, 2017 10:07:35 PM »
They are going to have to refile the suit.  Look to your state's statutes for any refilings...

I would hold fire until the sue again.  The clock for getting in to arbitration doesn't really begin to wind down until they do.

Q:  When did the account go into default?  You may have the statute of limitations coming into play.

muddywater

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Re: notice of dismissal for lack of service
« Reply #5 on: May 14, 2017 11:11:54 PM »
They are going to have to refile the suit.  Look to your state's statutes for any refilings...

I would hold fire until the sue again.  The clock for getting in to arbitration doesn't really begin to wind down until they do.

Q:  When did the account go into default?  You may have the statute of limitations coming into play.

Default in Jun of 2015, so it has a ways to go, six years in AZ. But since I could throw a rock at there building from where I live I thought maybe "MY" fruit was not hanging low enough.....
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Bruno the JDB Killer

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Re: notice of dismissal for lack of service
« Reply #6 on: May 15, 2017 01:43:31 PM »
It doesn't appear to have a time limit other than the SOL.


Rule 144 f. Dismissal without prejudice. A dismissal without prejudice means that a claim may be refiled if all other legal requirements, including statutes of limitation, have been met. A dismissal under Rule 113(i) or under sections (b), (c), or (e) of this rule is “without prejudice” unless the notice, agreement, or order to dismiss states that the dismissal is “with prejudice,” in which event the lawsuit or claim may not be re-filed. [ARCP 41(a)]
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

muddywater

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Re: notice of dismissal for lack of service
« Reply #7 on: May 15, 2017 02:32:11 PM »
Thank you for the reply's I know they can file again anytime they want up to sol.....and I know I can stop or pre-empt anytime with arb. But in your experience and best guess why do you think they filed and did not follow thru on service? I am easy to find, they have sent me mail, I have sent them mail......
Stand by for heavy rolls as the ship comes about.

11181986

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Re: notice of dismissal for lack of service
« Reply #8 on: May 15, 2017 03:07:15 PM »
Impossible to know.  But large debt collection law firms have many inefficiencies.  This is often one of them.

 

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