Good day, everyone.
I'm trying to locate Appeal Briefs (Texas), against Original creditors, if any available out there. I had not that much luck so far In Google Scholar. Anyone can point me to a resource ? Samples?
I'm interested on how appellant's argued on their case.
Much appreciated for your help
You need to check your state and local rules of practice, but what I would do is respond to their motion, show evidence the case was settled, and you paid the settlement, so the proper outcome is dismissal WITH prejudice. The case is settled and over.
I wonder if their strategy is they want to sell the balance to a JDB, who, if the case is dismissed without prejudice, would be able to sue you.
There are two ways to go about it. Make sure you are very clear about the court rules.
One way is to file a claim based on false information as a violation of the FDCPA. That is dangerous, because it could be considered a frivolous claim, or it may not.
The other way is for an MTC with a court order for arbitration. In that case, you are simply moving their case against you into arbitration.
Most of the time they will walk away from the case rather than pay the fees. However, that is not certain. This attorney might convince their clients that the arbitration costs can be recovered, and thus go all the way. You need to have the RCP for your jurisdiction down cold, to show that the fee shift would be against the local court laws, and thus not permitted under JAMS or AAA.
If you have the choice, it is generally better to file in JAMS.
Backstory is the (and timeline)
1) loan company files a lawsuit
2) I answered the lawsuit and denied the claim (I am not a lawyer....I'm defending myself)
3) The loan company and I agreeded on a very favorable settlement (and got the documention) and I payed the settlement
4) loan company filed a motion for non-suit and asked for a dismissal without prejuduce of the case (and failed to mention any settlement)
So...I have heard that I should shoot for dismissal with prejudice so there is no posbility I will see this again.
So My plan is to
1) object the motion "dismissal without prejudice" and provide the settlement letter that says it is considered payed in full
My question is can I ask, in the objection, for the court "dismissal with prejudice" or do I just object, give the evidence, and then go ahead and file another motion "dismissal with prejudice"
Again, I'm not a lawyer, so any advice would be helpful!!!!!