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Found 6 results

  1. Hello and thank you all in advance. I was in the middle of a pending case for a debt collection lawsuit against me. But, I just recently received an update to the case. I also received a letter with Proof Of Service / Request For Dismissal. Case Type: Collections Case - Seller Plaintiff (Limited Jurisdiction) Status: Request for Dismissal - Before Trial not following ADR or more than 60 days since ADR 06/10/2020 On the Complaint filed by (Bank Name) on (Date), entered Request for Dismissal without prejudice filed by (Bank Name) as to the entire action 06/10/2020 Order to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to (Number) scheduled for (Date 2021) at 08:30 AM in (Courthouse Name) A Not Held - Vacated by Court on (Date) I would attach the entire letter with all pages. But, I'd just like to ask based on the status update on the courthouse website if this case has been dismissed? Do I have to sign anything and return the letter to the courthouse? This is the first time for me to have to deal with something like this and am completely lost. I can attach the letter edited if it will help to explain in detail. But, thank you in advance for your help.
  2. Okay...so now I am really confused. Should I be happy or concerned or ??? Last week I received a Motion for Dismissal which was written by the Plaintiff's Attorney that was mailed on 23 February. I was in court around the 10th of Feb where I managed to get the judge to take a look at the Encore Consent Order and felt this was the resolution of that case based on that hearing. Fast forward to yesterday, I received a dunning letter on the same account. Same attorney, same account, same amount, everything and it was dated 11 February but it was mailed on 25 February. I think at this point I need to get an attorney and seek out some FDCPA money...what am I missing? What does the team here think?
  3. I was prepared to go to trial in 3 days and today by courier, I received a letter of settlement that the entire case will be dropped against me via filing a dismissal of the entire action with prejudice from the Plaintiff IF I SIGN their AGREEMENT. I am NOT a lawyer, and I don't want to sign a document they gave me when I can't be sure what it holds me or them to. For one, a whole page is missing from the agreement. Section 1 & 2 are not there and it skips immediately to # 3. Also, I see at a quick glance that I will have to eat the $ 700.00 I spent fighting this case and it was a lot of stress throughout the year. I want my court fees returned to me at a minimum, but if I sign this I get no memorandum of costs and bottom line, I just don't trust these people. I have no plans to do anything with this further, but I do not feel I can sign a "settlement" with these Pieces of trash. They HAVE admitted that their witness cannot show up at trial and that this is why they will dismiss the case, but I want my court fees nonetheless and taking their word that they will dismiss if I sign this paper is NOT something I trust. I’m probably overreacting, but it’s the truth. Signing this not knowing what it all really holds me to and trusting this JDB makes me way more scared than going to court against them. That doesn’t scare me at all this point, because I know they have no case My case is on Monday--tomorrow is Thursday. So I have to decide by tomorrow. I can fax this settlement back to them or email it back. I'd like to upload it so it can be viewed, but if I do, then that breaks the agreement option for me. Basically, I'd like to forget this letter, show up at trial, get them to dismiss it there and be able to file my memorandum of costs, case done with no agreement between them and I of any kind-- and then just move on. They can never sue me again now anyway--because this purported debt is over 4 years old. Any advice/feedback would be much appreciated. Thank you!
  4. Hello I am trying very hard ( with the help of this website) on cleaning up my mothers and mine credits and trying to rebuild responsibly, and I have a question regarding my mothers Ch. 13 bankruptcy filing back in Sept 2002. She made on time payments from September 2002 to April 2005, in the mean time we moved to a new address in 2003, and my mother forgot to update the Bankruptcy court with her new address. She went a week late in April 2005 when the court sent a summons to appear ( date set sometime in May 2005), however she didn't receive the letter til June 2005, and was officially dismissed, not discharged involuntarily. Of course it was devastating, yet she had to move on, however here it is Nov 2013 and she still has creditor and numerous collections agencies ( from the original creditors filed in bankruptcy) on her credit reports. I have sent them all letters from this website under sample letters, tweaking them a little for her situation, but what else can I do? Most of them are saying the delinquency dates are 2008, 2009 and so on. This is ridiculous, and she is having such a hard time moving on with building her credit. She has served her sentence to speak, and both of us want to move on. What can she ( we) do? Any suggestions or advise would be more than appreciated! Thank you for any replies, Luckyintx Texas
  5. Ok so I guess they didn't want to fight. While that is great news, I really wanted to show up in court with them. I know I must be crazy, but I was looking forward to attacking their evidence in the court room. So basics, actually had two separate suits filed by such a wonderful, JDB (sarcasm) and they were so efficient. One suit was for just under $10,000 other just under $18,000 filed at same time. On the one they immediately sent notice of dismissal upon receipt of BOP, on the other waited until just after it would have been due and then served notice of dismissal. So now, I am going laugh my way to court to file to get my fees, so now I know they had to pay theirs and will now have to pay me mine. When do I have to file for those, after dismissal is adopted by the Judge? Or is it based on date I was served. I know it is time sensitive and I wouldn't want them to keep any money they aren't entitled too. Thanks again for all of the help here, definitely shows anyone should fight and there is a wealth of knowledge and people ready and willing to help here.
  6. I live in Phoenix Arizona and I filed a petition for Chapter 13 BK -- 5-year plan. I will complete 3 years of this plan in February 2013 afterwhich I plan on submitting a Voluntary Dismissal. I am reaching out to the Forum to see if anyone has had experience with this or can share the Pros/Cons. Reason for Voluntary Dismissal: Plan Base has been met.Each unsecured claimant has been paid 33% of what is owed. (100% of the secured mortgage claim file was paid).It took the Trustee a year and 7 months to respond to the Meeting of Creditors with his Trustee Recommendations (Conforming Plan). I believe by law he is supposed to respond within 35 days.Reason for filing Chapter 13: Combination of lay-off, move to Phoenix for kidney transplant, COBRA and medical bills.Found a job late 2008 (25% pay cut), but medical bills were way too much to handle.Timing Info: Feb 2010: Chapter 13 Petition & Plan filed.March 2010: First 341 meeting / submitted 2009 federal/state tax refunds / submitted 1st monthly payment.Dec 2011: Case confirmed*.Case Info: Attorney Fees = $4,000 ($2,000 up front).Plan Base = $18,000 (initially $15,000 but was raised when Conforming Plan was approved).Total Paid into Plan = $19,053 (includes Federal/State refunds)Total Paid to all Parties = $19,203 (includes remaining $2,000 Attorney fees + $820 Trustee fees)Total Paid to Creditors = $16,203 (NOTE: if necessary I am willing to pay the additional $1,797 to bring the total to $18K.)The Conforming Plan required that I also submit my tax refunds which I have done 3 times to date.Attorneys: Early 2009 I found a law firm and on my first visit I was told I made too much money for both Chapter 7 & 13. I was advised to stop the additional freelance work I was getting and come back in 6 months. I went back in 6 months and started the paperwork for a chapter 13. The Law Firm said I needed to decide prior to signing the papers whether we would communicate via phone or via Email, and I chose Email because I figured it would be a better way of documenting everything. The Law Firm that is representing me on a scale from 1-10 (1 being the worst) rates a 2.5 at best. This rating is based on the following: Between March 2010 and March 2011 I passed off to 7 different attorneys (without notification).I have to beg them to do the work. (I have documentation to verify this).Trustee Recommendations/Conforming Plan was approved/filed by my lawyer without my consent or signature despite me continually notifying them it contained an error. The Conforming Plan included my Mortgage company (I missed one payment in January 2010 in order to retain my lawyer). I paid the mortgage company this missed payment in Februray 2011 and notified my attorneys of this payment in March 2011 which was 6 months prior to the Trustee Recommendations. Therefore the missed payment should not have been a claim included in the Conforming Plan.It takes them forever to answer my emails.I figure for $4,000 they should be expected to do their job. Any help, suggestions, comments will be greatly appreciated. Thank you, SLYDE