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spacejam's Achievements

CIC Member

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  1. UPDATE: First off I would like to apologize for the lack of responses. I did decide to leave it alone, and just wait it out and would periodically check on it online, and calling in to speak with the clerk. It looks like in September 2017 there was an ex parte disposition hearing to start the clock for want of prosecution. September 2018 notice of dismissal went out, with 30 days to respond October 2018 case closed dismissed without prejudice This is now passed the SOL, so I should be okay with this now correct even though it was dismissed without prejudice?? Also I would like to thank everyone on this forum, you guys have been beyond a blessing with abundance of advice and information. I could not have made it this far without you guys.
  2. @debtzapper are you agreeing with @fisthardcheese or are you reaffirming your stance, and think I should maybe politely readdress this with the court's clerk?
  3. @debtzapper Yes I think I will just wait it out, it has gone 3 years untouched, and hopefully it just stays forgotten especially with cach parent company filing for bankruptcy. I will continue to keep a keen eye on it, and will update this thread with anything new that arises. Thanks again to everyone on here!
  4. UPDATE: So I've been patiently waiting and randomly checking the status online, and didn't see any movement. So I decided to call and follow up. According to the latest person I spoke with, they said all the dismissals that went out in October 1, 2015 was actually a system glitch and notices did not go out. She said that it technically wasn't filed by the clerk to dismiss due to inactivity, and she also said that doesn't mean that it won't happen either, it's just that all of the ones that went out in October 1, 2015 are invalid. So now that I know that isn't the case and the clerk did not dismiss it, what course of action should I take? Should I wait this out, and wait for the clerk to file the motion to dismiss? Should I file my own motion to dismiss? (I am nervous about this as that means I will have to go to court for this) If I file my own motion to dismiss, and a trial date is set will we only speak on the motion I filed? Or can the plaintiff's attorney turn it into an actual trial?
  5. @kraftykrab This is all i found as for Superior Court Civil Rules, it just expands on what @BV80 posted above which is from CR41 (2) Dismissal on Clerk's Motion. (A) Notice. In all civil cases in which no action of record has occurred during the previous 12 months, the clerk of the superior court shall notify the attorneys of record by mail that the court will dismiss the case for want of prosecution unless, within 30 days following the mailing of such notice, a party takes action of record or files a status report with the court indicating the reason for inactivity and projecting future activity and a case completion date. If the court does not receive such a status report, it shall, on motion of the clerk, dismiss the case without prejudice and without cost to any party. (B) Mailing notice; reinstatement. The clerk shall mail notice of impending dismissal not later than 30 days after the case becomes eligible for dismissal because of inactivity. A party who does not receive the clerk's notice shall be entitled to reinstatement of the case, without cost, upon motion brought within a reasonable time after learning of the dismissal. (C) Discovery in process. The filing of a document indicating that discovery is occurring between the parties shall constitute action of record for purposes of this rule. (D) Other grounds for dismissal and reinstatement. This rule is not a limitation upon any other power that the court may have to dismiss or reinstate any action upon motion or otherwise. So from what the clerk said they haven't responded to the the original notice. So I wouldn't think that they would be eligible to reinstate the case, well depending on what the court deems as a reasonable time. What are your thoughts?
  6. Update: Just got off the phone with an office clerk and have some good news. Last activity was on October 1 2015. The clerk filed a Motion to Dismiss with the Plaintiff due to inactivity. December 1, 2015 it was filed to be dismissed due to no response from the Plaintiff. Was I supposed to receive a copy of that filing? As I did not and was unaware. She also mentioned the site has outdated information as they have been going through a long legacy software upgrade. Although my case was filed to be dismissed, it hasn't been officially dismissed yet. They are working through a hefty backlog, and its delayed because of the upgrade. @CCRP626 @BV80 @kraftykrab Is there anything else I need to do? or just wait it out? Thanks in advance!
  7. @BV80 Thanks for the info will be calling the clerk later today. Will update on what I hear back. @kraftykrab When I filed the last MTD, the judge didnt rule on it and instead dismissed it (not sure if that is the correct term) due to the fact that the case has only been opened for 5 months.
  8. @CCRP626 looking online it looks like its been inactive since my original trial when I asked for a Motion to Dismiss, but thats my assumption it could just be a poorly maintained site. So i cannot confirm nor deny that this is accurate. Should I make a stop at the court house and ask about the activity? Will my inquiry start the clock again on activity? Also would you or @BV80 know if a case is open and while its open that the statute of limitations is met does that benefit me at all? Or does that not apply? I tried researching this, and couldn't find any information. Also the case was opened prior to the SOL and since they haven't moved forward it has now been exceeded if that helps to know. Thanks again for all your help.
  9. Holy cow! I totally dropped the ball on this one guys! Its been nearly 3 years and no action. I was going through a divorce and other pressing things came up and disregarded this and practically forgot about it until I just recently ran across my paperwork from when I originally submitted my motion to dismiss. There has been no action from the lawfirm nor I in nearly 3 years. Is there anything I can do at this point? Also we are at the statute of limitations now, I'm wondering does that apply since a case was already open? Can I refile my motion to dismiss again? Any suggestions? Thanks in advance!
  10. @BV80 I am the OP, are you suggesting I contact an attorney and have them tell me / explain WA rules on discovery and number of requests? Thanks in advance!!
  11. @Anon Amos This is all new to me so i'm a little confused. I was under the impression that discovery remains on going? If I send them a meet and confer will I actually have to meet with them? Is it possible to just send a new request for discovery with all new questions? I'm trying to research rules that apply to WA state, but i'm even having a hard time understanding what applies and what doesnt.
  12. @shellieh98 @racecar @BV80 @Anon Amos @1stStep Should I be filing discovery with the new law firm? Or should I send a new request for discovery? If so what 5 requests, or should I request from the judge permission to more requests for discovery, or should I just put in the same requests being that i already went to court and the judge stated we are still in the discovery process?
  13. @shellieh98 I originally sent my discovery request to the first lawyer. See page 2 post 39. Are you saying i should send a new request for discovery to the new lawyer? If so what 5 requests, or should I request from the judge permission to more requests for discovery, or should I just put in the same requests being that i already went to court and the judge stated we are still in the discovery process? Thanks!!
  14. @shellieh98 I have not sent out discovery to the new lawyer. No trial date has been set, or that i know of ( no letters sent to me, no court date shows when i search online). The new lawyers have yet to send any evidence this is only the second piece of information that has come from the new lawyer. The first was to try to collect from me and to state they took over the case. Okay this maybe a dumb question, but under statement of facts they are now claiming to be an assignee and successor, will this come into play later if it is not questioned? Or is this irrelevant to the amend? Thanks!
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