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Showing results for tags 'dismissed without prejudice'.
Hey guys! Need help again, this is my 3rd lawsuit from midland in the past 12 months. I beat them in the two previous lawsuits and both were removed from my credit report. However, this last one has thrown me for a loop. I did exactly what I did with the last two, granted my MTC and stay pending arbitration, submitted my documents from JAMS proving that I have started the arbitration, the next day my case was closed, dismissed withOUT prejudice. I am confused to what just happened. I was granted a stay, JAMS hasn’t received payment from the attorney, my arbitration case is open, so why was my cases closed? I am not happy with the order and want it dismissed with prejudice . What I read on the JAMS site is that if they don’t pay then they close the case. Then what? I am attaching my case docket of the events as well as the orders... any suggestions would be much appreciated! @fisthardcheese @Brotherskeeper
Back in May I went to my hearing and met with a lawyer from Hunt & Henriques and agreed upon a settlement out in the hall, before the hearing began. I've made the first two payments and now I just received in the mail a NOTICE OF MOTION AND MOTION FOR ORDER SETTING ASIDE AND VACATING DISMISSAL, POINTS AND AUTHORITIES IN SUPPORT OF MOTION, Below is the case summary: Histories (Dates listed in descending order) 07/26/2017 NOTICE OF MOTION FOR ORDER SETTING ASIDE AND VACATING DISMISSAL , DECLARATION, AND POINTS AND AUTHORITIES IN SUPPORT THEREOF FILED. RECEIPT # 11707xxxxxx . MATTER SET FOR HEARING ON 09/21/17 AT 08:30A M, IN DEPT. F43 . 07/12/2017 MINUTE ORDER AND CLERK'S NOTICE OF RULING MAILED TO ALL PARTIES. CLERK'S CERTIFICATE OF SERVICE FILED. 07/11/2017 MINUTE ORDER - CAUSE CALLED AT 08:30A M, IN DEPT. F47 , HON. RICK BROWN, JUDGE PRESIDING FOR HEARING ON ORDER TO SHOW CAUSE. NO APPEARANCE BY OR FOR EITHER PARTY. THE COURT ORDERS CASE DISMISSED WITHOUT PREJUDICE. 07/11/2017 CASE FILE RETURNED TO CIVIL DEPARTMENT FROM COURTROOM. 07/11/2017 MINUTE ORDER - CAUSE CALLED AT 08:30A M, IN DEPT. F47 , HON. RICK BROWN, JUDGE PRESIDING FOR HEARING ON ORDER TO SHOW CAUSE. NO APPEARANCE BY OR FOR EITHER PARTY. THE COURT ORDERS CASE DISMISSED WITHOUT PREJUDICE. 06/28/2017 CASE FILE FORWARDED TO JUDGES CHAMBERS RE: 07/11/17 CALENDAR 06/09/2017 NOTICE OF CONDITIONAL SETTLEMENT FILED BY (CAPITAL ONE BANK USA N.A.) . 05/15/2017 MINUTE ORDER - CAUSE CALLED AT 08:30A M, IN DEPT. F43 , HON. RICK BROWN, JUDGE PRESIDING FOR COURT TRIAL. PLAINTIFF APPEARING BY ANTHONY DIPIERO, ESQ. DEFENDANT APPEARING IN PRO PER . SETTLEMENT REACHED. COURT TRIAL ORDERED OFF CALENDAR. MATTER SET FOR ORDER TO SHOW CAUSE HEARING ON 07/11/17 AT 08:30A M, IN DEPT. F43 . In the notice it states "...This dismissal was for failure to appear at the OSC. Plaintiff's counsel did not appear at the OSC because of a calendaring error." Did they screw up? Did I screw up? Did we both screw up??? Do I need to now go back to court AGAIN on Sept 21st? What would the suggested course of action be for me? Any advice is appreciated.
Hi. I need some advice regarding this post. http://www.creditinfocenter.com/community/topic/321913-nj-being-sued-by-fia-card-services-via-a-debt-collection-law-firm/?hl=foreverpoor#entry1269512 The linked post has the info from my credit card debt suit. I found out, via NJ's online court records website, that my case was dismissed without prejudice. I never received communications from the court or the plaintiff regarding the status of the case. Neither I nor the debt buyer showed up to court (as far as I know). I did answer the summons in the alloted time. I want to have this case dismissed with prejudice so it can't come back to haunt me. How do I go about doing that without triggering another suit by the same or a different debt buyer? If I can get it changed, will it positively affect my credit report/score?
I was sued by Capital One earlier this year. I fought as a pro se defendant, and while it wasn't the win I had hoped for the attorney was so frustrated with me she non-suited half way into our hearing. The case was dismissed in June. Since it was a non-suit I figured I would continue to be tortured by their attempts to collect the alleged debt, however, I was not prepared for this situation, and I have no idea what to do, but I am very worried that Capital One is continuing to damage my credit illegally. Issue Number 1: Today I recieved a statement from Capital One, and there was 2 charges listed (1) 05/01/13 Court Costs equalling $10.97 and (2) 05/02/13 Court Costs equalling $10.97 a total of $21.94 in new fees. Now here's why I am very confused in the Dismissal Papers I recieved from the courts it says: "It is therefore ordered, adjudged and decreed by the courth that this suit be dismissed without prejudice, and the defendant go hence without day and further that court costs be taxed against the Plaintiff." So my questions is can they LEGALLY charge me there court costs. Issue Number 2: Since the suit in January i have never once been sent a statement, and on this newest statement recieved today it says I have accrued $132.82 in fees this year....So this leaves a whopping $110.88 completely unaccounted for...During the suit the papers I was served explicitely stated that no interest would accrue, and the statement lists my balance as "non-interest bearing" so that's not it. They also disclosed in response to my discovery requests that they were not seeking attorneys fees. Again, this is the first statement I have recieved since the lawsuits conception, which again was dismissed. I can't access my statements online so there is no way for me to know where this mystery $110.88 came from. So is Capital One breaking the law? Where do I go from here, is a "debt validation" necessary because it doesn't seem appropriate for this particular situation? Help these people are ruining my life!!!!