Author Topic: Request for dismissal yay! but HELP PLEASE!  (Read 2161 times)

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eat-em-up

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Request for dismissal yay! but HELP PLEASE!
« on: October 13, 2011 10:18:00 PM »
I'm sorry for short post, but I don't have much time right now.

I just got a request for dismissal for my case against JDB. The court date was supposed to be in NOV.

They want dismissal without prejudice but I'm ready to fight this out.

Can I object? I want dismissal WITH prejudice and I want my filing cost back!

Do I have a chance and what should I do? This is a civil case in Cali.

I'll post more if anyone needs more info. I need to get to work.
« Last Edit: October 14, 2011 12:06:24 AM by Mod7344 »

cprems

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Re: Request for dismissal yay! but HELP PLEASE!
« Reply #1 on: October 14, 2011 01:34:16 AM »
More detail is needed to better formulate a possible plan of action.

Do you have violations on the CA/JDB?

Is the alleged debt SOL?


I'm sorry for short post, but I don't have much time right now.

I just got a request for dismissal for my case against JDB. The court date was supposed to be in NOV.

They want dismissal without prejudice but I'm ready to fight this out.

Can I object? I want dismissal WITH prejudice and I want my filing cost back!

Do I have a chance and what should I do? This is a civil case in Cali.

I'll post more if anyone needs more info. I need to get to work.
ALL my postings have NO legal value.

 I AM the "village idiot" please hold my posts to this standard.

 If you need legal Counsel - contact an Attorney.

cbarnett97

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Re: Request for dismissal yay! but HELP PLEASE!
« Reply #2 on: October 14, 2011 01:49:51 AM »
I'm sorry for short post, but I don't have much time right now.

I just got a request for dismissal for my case against JDB. The court date was supposed to be in NOV.

They want dismissal without prejudice but I'm ready to fight this out.

Can I object? I want dismissal WITH prejudice and I want my filing cost back!

Do I have a chance and what should I do? This is a civil case in Cali.

I'll post more if anyone needs more info. I need to get to work.
Unless you made a mistake in writing your post, why would you want a dismissal w/ prej for your claims? From how you wrote it it sounds like they are trying to dismiss the claim you brought against them not the other way around.

eat-em-up

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Re: Request for dismissal yay! but HELP PLEASE!
« Reply #3 on: October 14, 2011 02:47:35 AM »
I was rushing through my post, sorry all.

They case was brought against me. I had no couterclaims against them.

CPREMS: The debt is not SOL, and the only possible violations were misrepresenting the debt to the CRAs and threatening to take an action without doing so. (They threatened to subpoena bank records in an effort to get me to settle.)

I have thought about (and posted about suing them on the violations but haven't done so.

cprems

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Re: Request for dismissal yay! but HELP PLEASE!
« Reply #4 on: October 14, 2011 02:50:46 AM »
Counter their offer with a dismissal with prejudice of ALL claims. In return, you will not file suit for their violations.

If they say no, tell them you will be filing suit in Federal Court for their violations.

I bet they blink first!


I was rushing through my post, sorry all.

They case was brought against me. I had no couterclaims against them.

CPREMS: The debt is not SOL, and the only possible violations were misrepresenting the debt to the CRAs and threatening to take an action without doing so. (They threatened to subpoena bank records in an effort to get me to settle.)

I have thought about (and posted about suing them on the violations but haven't done so.
ALL my postings have NO legal value.

 I AM the "village idiot" please hold my posts to this standard.

 If you need legal Counsel - contact an Attorney.

eat-em-up

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Re: Request for dismissal yay! but HELP PLEASE!
« Reply #5 on: October 14, 2011 05:43:00 AM »
 Devil  lol thank you!

eat-em-up

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Re: Request for dismissal yay! but HELP PLEASE!
« Reply #6 on: October 14, 2011 08:04:36 PM »
hmm. I have a lawyer interested suing on the violations...let's see what happens.

Mod7344

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Re: Request for dismissal yay! but HELP PLEASE!
« Reply #7 on: October 14, 2011 08:12:59 PM »
Text message style, casual writing is not acceptable. Please use capitalization and accurate spelling of common English words.

 The goal of this Board is to instruct our members so that they develop the skills to deal well with legal matters. We would be remiss if we did not insist that they practice those skills as part of the learning process.

cprems

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Re: Request for dismissal yay! but HELP PLEASE!
« Reply #8 on: October 14, 2011 08:20:19 PM »
Its your choice. Have you signed anything with the Attorney for claiming the violations?

If you have not, I would be on the phone with the Attorney demanding a dismissal with prejudice!

If he/she fails to accommodate you, then have the Attorney file suit.

You have leverage - you need to use it.


hmm. I have a lawyer interested suing on the violations...let's see what happens.
ALL my postings have NO legal value.

 I AM the "village idiot" please hold my posts to this standard.

 If you need legal Counsel - contact an Attorney.