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Arbitration / Re: Gurstel yet again in Arizona with Capital One
« Last post by TM97 on Yesterday at 10:17:26 PM »
Update --

It took over six months but this has now appeared on the Justice Court docket.  She has not yet been served.  The Answer and MTC arbitration is complete.  She will send the demand for arbitration this weekend and file with JAMS.  She will attempt to argue the survivability clause of arbitration with the court.  This precinct leans towards court ordered mediation.  But the hoped for outcome is either get it into arbitration, secure a reasonable settlement, or work still towards BK.  She only has two OC's in default so BK is a nuclear option but it would be infinitely better than a judgment.  I will update as we progress with this case.
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ANNOUNCEMENTS / Re: Debtorboards and the Future.
« Last post by TM97 on Yesterday at 10:14:23 PM »
I don't check all areas of the board, so I was not aware of the situation until I got the recent PM. 

I will make a larger donation over the weekend and then start at least $10.00 a month towards expenses. 

I have received invaluable assistance here, and I would truly hate to see these boards disappear. 

Thanks.
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Defendant can always file an objection to the unilateral dismissal...It will either be considered or it won't.

But that's the way the courts operate.
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While that makes sense, I have read of parties objecting to the dismissal and asking to argue for sum jud. Have also heard of parties requesting judge change to with prej.

That happens when the party moves for dismissal at a hearing IN court in front of the Judge.  If they go to the clerks office and fill out a dismissal form and file it then no hearing and no chance for the other party to object or argue for anything.  Some states and courts require that both parties consent to dismissal.  Some do not. 
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Hmmm. While that makes sense, I have read of parties objecting to the dismissal and asking to argue for sum jud. Have also heard of parties requesting judge change to with prej. There is an NY case where the court lays out the factors to consider for judgeís discretion in honoring the dismissal. I guess Iíll find out today!
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Thanks for the response, BrokeBob. I appreciate the input and it follows exactly what I was thinking.

If they are dismissing, they donít have witnesses flown in and likely donít have chain of title. Also, the w/o prej keeps the debt on my credit report. Also, I searched the interwebs to see how many folks were sued a second time and there were quite a few and next time they may be better prepared.

However, the idea of not taking the risk and accepting the victory relieves that pre-trial nauseating feeling.

Canít find much by way of law other than possibility of motion forsummary judgment after JDB files motion for dismissal.

What to do, what to do...

It isn't the w/o prejudice that keeps it reporting.  It is that the court did not rule you don't owe it.  If they voluntarily drop the suit the court has not issued a ruling on the merits and they can keep reporting.

If Illinois does not require your consent to the dismissal then they are free to withdraw their own case and do not need the court's permission either.  They will simply notify the court they are withdrawing the action without prejudice and the court clerk will update the case as such.  The Judge wouldn't even be involved in that case.  Once that happens you cannot file any motions as the case is dead on the docket and no longer active.
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Thanks for the response, BrokeBob. I appreciate the input and it follows exactly what I was thinking.

If they are dismissing, they donít have witnesses flown in and likely donít have chain of title. Also, the w/o prej keeps the debt on my credit report. Also, I searched the interwebs to see how many folks were sued a second time and there were quite a few and next time they may be better prepared.

However, the idea of not taking the risk and accepting the victory relieves that pre-trial nauseating feeling.

Canít find much by way of law other than possibility of motion forsummary judgment after JDB files motion for dismissal.

What to do, what to do...

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Two schools of thought on this.

First school of thought:  A win is a win.  If they dismiss w/o prejudice, it means they know they don't have the stuff to win.  So they want to retreat.  Unless you are absolutely sure you can beat them in trial, and remember judges can be really wacky sometimes, it is generally best to let them do it.  Also, at this point they are very unlikely to ever bring the case up again.

Second school of thought:  If you are close to 100% sure you have this case won, the stone cold nuts as the gamblers would say, then move the case be dismissed with prejudice.  The judge may or may not allow that.  Or he may just grant dismissal w/o prejudice.  Or he may insist on a trial, which you had better be able to win.

A lot of this is I don't know the rules of civil procedure in Illinois.  I don't know if they can do this so late in the game without your agreement.  AND, if you don't object, you have agreed. 
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Hello!  I have a trial date tomorrow in IL against large JDB.  I have prepared for the case and feel pretty good about it.  They just called and said they will file voluntary dismissal WITHOUT prej tomorrow.  I am happy it's being dismissed but not so much that it will be left open.  Ok to just go with it or should I object and ask for WITH prej since they obviously brought a case without the intention for a trial? 
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Arbitration / Re: Summons in AZ by LVNV Funding & Guglielmo for Gettington
« Last post by TM97 on February 21, 2018 07:23:26 PM »
Update - Guglielmo dismissed the case without prejudice.  AAA attempted to reach out and no contact from LVNV or Guglielmo.  Case was closed for non-payment.  Past time to re-open the same but can file a new case. 

LVNV sent a Dunning letter today via email.  They have a weblink where you can file a dispute.  I don't trust it.  I will send a DV response to the address in CA listed on the email CMRRR for a proper paper trail.  I will go ahead and start a new AAA filing before they file in Justice Court.  I suspect that is coming given the Dunning just received from another LVNV Credit One collection talked about in a separate thread. 
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