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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  Once that happens you cannot file any motions as the case is dead on the docket and no longer active.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 Yesterday at 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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Basics / Re: Social Security and wage garnishment question
« Last post by Flyingifr on Yesterday at 05:50:30 PM »
I was wondering about that. I thought maybe a judge would look at my income from both sources and say I was making more than enough to live on and force me to pay out of any low wages.

Nope. Social Security is not attachable by anyone except the IRS, and then only at 15% (42 USC 407(a)). The Federal Truth in Lending Act, which sets the minimum conditions under which a pay7 check can be attached, does not contemplate anything other than that paycheck in the calculation. In fact, let's say you have three jobs at the same time, and at each one of them you earn just under the Federal Minimum Attachable pay. They cannot be aggregated to make any part of any of them attachable.
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Basics / Re: Social Security and wage garnishment question
« Last post by jacky123 on Yesterday at 03:52:26 PM »
I was wondering about that. I thought maybe a judge would look at my income from both sources and say I was making more than enough to live on and force me to pay out of any low wages.
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Basics / Re: Social Security and wage garnishment question
« Last post by Flyingifr on Yesterday at 02:20:37 PM »
I am on Social Security (over 62). California has a limit on wage garnishment. If you make less than a certain amount, your wages cannot be garnished. If I go back to work and make less than the amount they can garnish, would what I get in Social Security matter? Would the court look at both and allow a wage garnishment? Even if my wages are low.

If your earning are below the garnishment threshhold, they are not attachable, period. Getting Siocial Security will not make the non-attachable wages attachable.
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Basics / Social Security and wage garnishment question
« Last post by jacky123 on Yesterday at 05:47:28 AM »
I am on Social Security (over 62). California has a limit on wage garnishment. If you make less than a certain amount, your wages cannot be garnished. If I go back to work and make less than the amount they can garnish, would what I get in Social Security matter? Would the court look at both and allow a wage garnishment? Even if my wages are low.
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TCPA / Re: Clarification Needed on DNC Registry and TCPA
« Last post by hamsalad on Yesterday at 04:02:09 AM »
In order to use an automatic telephone dialing system, the caller must have prior express written consent.

You do not need to send a C&D.  Simply sue them for both the calls/texts and violation of the DNC list.  You can ask for treble damages for each violation but may not receive them, unless they are a known offender.
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