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About ndhelp

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  1. Thanks ASTMedic and calawyer! Confirmed that the dismissal went through and the disposition of trial is now vacated. I'm a little confused, regarding the memo of costs. Can I still file eventhough dismissal is without prejudice? AST you mentioned I can only file with prejudice, while calawyer says I can. Any issues if I do file? I'm looking at getting my court filing costs and certified mails reimbursed. Thank you all agin.
  2. ok, so interestingly, i called the court to make sure the dismissal was filed and they stated they haven't received anything yet. however, they said they're known to wait to the last minute to file in court. the court clerk recommended to still show up at trial since there records indicate trial is still set. if for whatever reason we do go to trial, all i have to do is bring the request for dismissal they sent me correct? i should also bring my memo of costs so i can file?
  3. Hi Aticnib, What was the outcome for your Memo of Costs as I noticed you filed in the same court as me. Thanks.
  4. Thank you hot in az for all your responses! I was reading another post from Linda7 with her recommendations to get a dismissal with prejudice, remove negative information in credit report, get the costs incurred back. I would like to put some closure on this and request for a dismissal with prejudice as well as removing this from my credit report? What do I have to file to do this? If I'm not able to switch this with prejudice what are the changes of them refiling the suit and having more evidence the second time around?
  5. All, Thank you so much for your response. Fortunately, I received a request for dismissal notification!!! However, the dismissal reads: To the Clerk: Please dismiss this action as follows: 1) Without prejudice 2) Complaint 3) Entire action of all parties and all causes of action. From what I read, the dismissal should be with prejudice not without. Is there something I can do to change this? From what I read, without prejudice gives them the authority to file suit again, so in essence they're just postponing the trial? Any other items I need to do to put some closure on this case? Thanks again.
  6. Hello, Can anyone help provide the following answers: 1. Can I still file for discovery with the trial starting within 10 days? 2. Can the judgment include court and lawyer fees in top of what I was being sued for originally? 3. Should I still write some note, request for proof of the account, transfer, statements as requested in BOP? Thank you.
  7. Hello, any one know what the timeline is for sending out a request for discovery. Should I still send one out at this point or challenge that the information was never furnished in the BOP? thanks.
  8. Thank you both for responding. I have not filed for discovery and only filed for a bop. What is the timeframe to file for discovery? I read astmedics post and the pretrial checklist and it looks like I missed some dates. Also, can they really add lawyer costs, etc to the amount I'm sued for?
  9. Also, I went through mediation based on court recommendation. The mediation was a waste of time, bascially Portfolio requested I take one of the two payment plans. I countered with a settlement and requested that part of the settlement they furnish that my account was purchased by them. I countered for half of the balance and both the mediation and lawyer said they wont' go for that and my request to furnish proof is requested all the time and is easily obtainable. So my question: 1. Can I use the mediation saying that I requested for proof of account transfer in the BOP and Mediation and never received it. 2. In the mediation, the payment plan balance was above what I was being sued for. The lawyer and mediator stated that laywer and court fees are added to the balance. Is that true, I read in some other postings they cannot go above what you're being sued for. Thanks.
  10. Hello all, I'm in serious need of help. My trial is set in 2 1/2 weeks for a credit card. The JDB is Portfolio Recovery and I'm in the Los Angeles County, CA area. I've read the posts here previously a couple of months back and filed a Bill of Particulars with a general Denial letter. Other than sending a last credit card statement, I did not receive any other documentations that I requested in the BOP. One of which was evidence that my account was bought by Portfolio. I'm in a crunch because I actually thought my trial was in September. I never received any discovery letter from their lawyers. So my question, is it too late to request discovery from them asking them the documents that I recquested from the BOP but never received. Does the other party usually request for discovery, otherwise what would be presented in trial? Any advise would really be appreciated or should I seek an attorney at this late in the game? Thank you.