Author Topic: What does "case stricken" mean?  (Read 8431 times)

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okbird

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What does "case stricken" mean?
« on: August 01, 2008 09:26:06 PM »
I am dealing with a pending case with a junky debt buyer. I checked the online court records and there is a new entry that states "Case stricken from Disp. Dkt."  Does anyone know what that means?  Thanks!

E. Normis Debtor

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Re: What does "case stricken" mean?
« Reply #1 on: August 01, 2008 09:47:46 PM »
It means the plaintiff moved to have the case removed from the courts docket.  If you filed an answer prior to their striking their complaint, they generally cannot re-instate their claim unless you agreed to it's removal.  Depends on your local rules.  Double check with the court clerk and/or local counsel.
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okbird

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Re: What does "case stricken" mean?
« Reply #2 on: August 01, 2008 09:54:49 PM »
E.Normis - thanks so much for taking the time to answer me.

I filed the answer as well as discovery.  I answered their discovery and they answered my Requests for Admissions but have never answered the interrogatories and production of documents, which are due next week.   I never agreed to a removal from the docket.

I will check with the court clerk on Monday - no one answered their phone this afternoon, very small town here.

When they remove it from the docket, does that mean it is over or they intend to keep going at a later date.  This is all too confusing.  I really don't understand them removing it rather than filing a motion to dismiss.  Thanks again!

TX Debt Atty

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Re: What does "case stricken" mean?
« Reply #3 on: August 01, 2008 10:03:59 PM »
looks like case stricken from disposition docket.

It will depend on how your locals run their show, but a removal from a disposition docket is not necessarily a dismissal of the case. call the court coordinator or the court clerk (not the county or district clerk, but the clerk that actually works for the particular court) and find out what's going on.
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okbird

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Re: What does "case stricken" mean?
« Reply #4 on: August 01, 2008 10:29:21 PM »
Thanks all,

I called the clerk and she said it had been removed from the docket.  When I asked her what that meant, she said nothing was happening on it so it was removed - I asked if that meant it was over, she said it is unless something else comes in - but they haven't answered my discovery except for the requests for admissions and they are due next week.  I answered their discovery timely. 

I guess I will need to send them a reminder next week that they haven't responded to the interrogatories or request for documents and see what happens.  Why do they remove it from the docket - to ease the cases pending on the Judge or is it another sneaky ploy?  It is confusing to say the least.

Rottweiler

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Re: What does "case stricken" mean?
« Reply #5 on: August 02, 2008 12:53:43 AM »
You are off the hook, for now:

1.)  It appears in this case that the case was removed from the docket by the court for want of (lack of) prosecution. 

2.)  The Rules may well allow for a case to be reinstated IF the plaintiff moves to reopen the case.  (Check them.)

3.)  Considering the usual way that collection lawsuits seem to work, the fact you were willing to fight all the way to trial made an impression on them and they decided to "bail out" before they spent more on the attorney to try to collect than the debt was worth!  And, yes, it's possible for a creditor/plaintiff to "bail out" by simply not doing a thing.  This is a common way they do it; the fact the record says the case was "stricken" indicates that the case had already been assigned a trial date so a mere voluntary dismissal without prejudice (or one initiated by the court) would have been incorrect.
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okbird

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Re: What does "case stricken" mean?
« Reply #6 on: August 02, 2008 01:21:39 AM »
Rott - E.Normis what would I do without you, you are so helpful to explain it all and thanks to Tx Debt Atty also, it is all getting clearer to me.  I searched the Oklahoma rules and couldn't find much.

Hate to keep dragging this on, but :

Should I still write and remind them that I have not received their answers to my interrogatories and production of documents that are due next week or should I just let a sleeping dog lay?  They answered the admissions. Thanks All!

Rottweiler

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Re: What does "case stricken" mean?
« Reply #7 on: August 02, 2008 02:54:04 AM »
Should I still write and remind them that I have not received their answers to my interrogatories and production of documents that are due next week or should I just let a sleeping dog lay?  They answered the admissions.

Leave it be for now; the fact that you asked for 'rogs and request for production may well have been the reason they allowed the case to be stricken from the docket.
“This is a court of law, young man, not a court of justice."
~ Olver Wendell Holmes