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Penelope Jones

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  1. I didn't have to make a phone call, our court dockets are all online and I set up an account to track this case. When I posted my first update it wasn't showing the plaintiff's MTD, but when I checked back it was updated with the judge's order and marked as closed. I'm guessing the JDB wanted to recover their filing fees so they voluntarily withdrew. Woot!
  2. I rechecked the docket again, and JDB filed a motion to dismiss yesterday. Judge granted it today, and shows the status conference vacated. Also shows dismissed without prejudice, but as I mentioned, this account is now officially time-barred. Thanks again for your help!
  3. First of all, thank you everyone who responded to me here, your input was extremely helpful. Update... I checked the court docket this morning, and the status conference has been cancelled. Reason: Dismissal/Judgment Woot! These creeps are a done deal. At this point, even if they were to try and refile, this matter has become time-barred as of 10/29/14. Thank you SO much for your help! This place is doing a valuable public service.
  4. No, I just filed it this past Monday. They just received notice yesterday. The scheduling conference initiated by the judge was placed on the docket first. I just filed my motion to preserve my objection. Of course the judge could have moved for a 41E hearing on behalf of the court, instead he seems to be providing the plaintiff an opportunity to move the case forward.
  5. Just thinking out loud, but it seems to me if they had much of anything beyond the "evidence" they used to bring the case, they would have pursued it earlier on. With the SOL looming, I think they wanted to establish a placeholder in the event I failed to respond or some such... Any thoughts about how these attorneys work? What is the strategy in letting this case sit for over a year?
  6. Thank you. I read this through and it was helpful while trying to wrap my brain around this situation. My motion to dismiss was added to the docket along with the status conference. It is not titled as a. 41E hearing, which leads me to believe this conference will give the opposing attorney an opportunity re-engage in this case. I looked at other cases in this court where other judges initiated the 41E hearing. It just seems inconsistent that this particular judge completely ignored the fact that the case has been pending onhis docket for over a year. Again, I'm not sure how to prepare for this one.
  7. I filed the 41 E motion myself, after the court entered the scheduling conference. It seems like the court is moving the litigation. My motion is scheduled to be heard at the conference. Still have not heard anything on behalf of the plaintiff. The docket show the conference as "confirmed," which leads me to believe they were on the phone with the attorney in this matter. I fully expect the judge to dismiss my motion. I'm not sure what to expect or how to prepare for this conference.
  8. Asset Acceptance filed suit against me over a year ago in October, 2014 in relation to a Beneficial account that went into default in 2008 for $4200. They got in 29 days ahead of the SOL in my state. I promptly filed an answer, and then 14 months later I received notification that the court had initiated a scheduling conference (for trial) for Monday of next week. This was done on a court motion, not by the plaintiff. I filed a Motion to Dismiss for failure to prosecute which is scheduled to be heard on the same day. There has been no discovery initiated or anything at this point. This is a standard JDB suit. They are basing this suit on a robo signed Affidavit of Debt and a computer generated summary of the account on THEIR letterhead. Nothing else. Why on earth has it gone this long with no movement, and why has the judge jump started this case? I understand the need to get it off the docket, but it looks like he has taken the initiative to proceed on behalf of the plaintiff. Any help here is appropriated. You guys were immensely instrumental in helping me win a MSJ against Midland 4 years ago.
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