Az Piano Lady 14 90 Posted March 11, 2015 Report Share Posted March 11, 2015 Congrats to you!!!!!!!!!!!!!!! Quote Link to post Share on other sites
legallyflip01 8 Posted April 16, 2015 Report Share Posted April 16, 2015 Good morning...Got a Dismissal without prejudice yesterday over Midland funding in san mateo.... First of all I would like to thank @sadinca, @calawyer, @ASTMedic, @anonamos, @HomelessInCalifornia and everyone thats part of this board. I was 30 mins early and sat in the hallway. 5 mins before the court open, this older looking man called in my name. Looking at him and i knew this is what everyone is talking about "rent a lawyer" and I also knew that my case is not going to trial. While he was walking towards me, he has nothing but a couple of documents in his hands. He sat next to me and told me that we are not going to trial. He said, he was only there to pass a message. He handed me a documents what it seems like a settlement.With his stuttering voice he explain that if I sign, Midland will dismiss the case with prejudice and within 60 days they will send me the dismissal letter. If I did not sign Midland dismiss it without prejudice. While I took a glance over the documents he went over what a dismissal with or without prejudice means. He aslo mention my Objection to CCP98 and Trial Brief were Excellent ( calawyer and homelessincalifornia thanks ) I just let him finish what he was saying, and after that I said, this settlement should have been mailed a week before trial so I can go over it and understand what it really meant. He did not respond, I said you can go ahead and dismissed it without prejudice. So he did. Judge asked me if I have an objection,, I said "no your honor". Those 3 word is all i said infront of the judge with countless hours I spent on this case but I was relieve and happy. I know they can still file this thing in the future but If they did I have all my documents and everyone on this community. Also I think the SOL is up anyway ( last payment was in 09)....... Again thanks you everyone........ Moving on to clean up my credit report and file for my cost... 7 Quote Link to post Share on other sites
Anon Amos 2,247 Posted April 16, 2015 Report Share Posted April 16, 2015 Good job. CONGRATULATIONS. 1 Quote Link to post Share on other sites
ArtVandelay 405 Posted April 16, 2015 Report Share Posted April 16, 2015 Good morning...Got a Dismissal without prejudice yesterday over Midland funding in san mateo.... First of all I would like to thank @sadinca, @calawyer, @ASTMedic, @anonamos, @HomelessInCalifornia and everyone thats part of this board.Again thanks you everyone........ Moving on to clean up my credit report and file for my cost...Congrats! 1 Quote Link to post Share on other sites
HomelessInCalifornia 307 Posted April 16, 2015 Report Share Posted April 16, 2015 @legallyflip01 I love this kind of conclusion. Great job! Congratulations! Celebrate. You're earned it, and I know the relief is immense. Be sure to file and serve your Memorandum of Costs. 1 Quote Link to post Share on other sites
sadinca 772 Posted April 16, 2015 Report Share Posted April 16, 2015 great job! 1 Quote Link to post Share on other sites
calawyer 1,848 Posted April 16, 2015 Report Share Posted April 16, 2015 Good morning...Got a Dismissal without prejudice yesterday over Midland funding in san mateo.... First of all I would like to thank @sadinca, @calawyer, @ASTMedic, @anonamos, @HomelessInCalifornia and everyone thats part of this board. I was 30 mins early and sat in the hallway. 5 mins before the court open, this older looking man called in my name. Looking at him and i knew this is what everyone is talking about "rent a lawyer" and I also knew that my case is not going to trial. While he was walking towards me, he has nothing but a couple of documents in his hands. He sat next to me and told me that we are not going to trial. He said, he was only there to pass a message. He handed me a documents what it seems like a settlement.With his stuttering voice he explain that if I sign, Midland will dismiss the case with prejudice and within 60 days they will send me the dismissal letter. If I did not sign Midland dismiss it without prejudice. While I took a glance over the documents he went over what a dismissal with or without prejudice means. He aslo mention my Objection to CCP98 and Trial Brief were Excellent ( calawyer and homelessincalifornia thanks ) I just let him finish what he was saying, and after that I said, this settlement should have been mailed a week before trial so I can go over it and understand what it really meant. He did not respond, I said you can go ahead and dismissed it without prejudice. So he did. Judge asked me if I have an objection,, I said "no your honor". Those 3 word is all i said infront of the judge with countless hours I spent on this case but I was relieve and happy. I know they can still file this thing in the future but If they did I have all my documents and everyone on this community. Also I think the SOL is up anyway ( last payment was in 09)....... Again thanks you everyone........ Moving on to clean up my credit report and file for my cost... I am so proud of you. For two reasons: First, you stood up for yourself and beat a bunch of lawyers, in court, at their own game. Second, you did not sign something that was presented to you at the last minute which you did not have a full opportunity to read and understand. Your instincts (under pressure) were correct and you did the right thing. A lesson to everyone on the board. Nice going. Request your costs and you might be able to trade a court award of costs for a dismissal with prejudice. WITHOUT signing any agreement. 5 Quote Link to post Share on other sites
luckykid12 17 Posted June 9, 2015 Report Share Posted June 9, 2015 I won against UNIFUND today!! Dismissal with prejudice!! Thank you for this site and the Awesome people on it that were so gracious to help me!! i am going to pay it forward!! 7 Quote Link to post Share on other sites
calawyer 1,848 Posted June 9, 2015 Report Share Posted June 9, 2015 I won against UNIFUND today!! Dismissal with prejudice!! Thank you for this site and the Awesome people on it that were so gracious to help me!! i am going to pay it forward!! Nice going. I am so proud of you! 3 Quote Link to post Share on other sites
HumgBird 41 Posted June 10, 2015 Report Share Posted June 10, 2015 I won against UNIFUND today!! Dismissal with prejudice!! Thank you for this site and the Awesome people on it that were so gracious to help me!! i am going to pay it forward!! Congrats!!! 1 Quote Link to post Share on other sites
HockeyFan 24 Posted July 16, 2015 Report Share Posted July 16, 2015 Dismissal without prejudice from Portfolio Recovery Scum. It was an easy fight honestly, although a few curve balls were thrown at me. http://www.creditinfocenter.com/community/topic/325841-about-to-be-sued-by-portfolio-recovery-fulton-county-ga/ HUGE thanks to the following: @NormInGeorgia@debtzapper@fisthardcheese You guys were great and so helpful! 4 Quote Link to post Share on other sites
Anon Amos 2,247 Posted July 25, 2015 Report Share Posted July 25, 2015 Calimoo, H8spleadingpaper and Credit2011, all dismissed with prejudice. A couple others from Cali won as well but didn't post here. 3 Quote Link to post Share on other sites
debtzapper 1,274 Posted July 25, 2015 Report Share Posted July 25, 2015 Calimoo, H8spleadingpaper and Credit2011, all dismissed with prejudice. A couple others from Cali won as well but didn't post here. Great work by @Anon Amos @calawyer and other Californians. And yes, not all OPs (from CA and other states) post their wins, for a variety of reasons. 1 Quote Link to post Share on other sites
Anon Amos 2,247 Posted July 25, 2015 Report Share Posted July 25, 2015 Great work by @Anon Amos @calawyer and other Californians. And yes, not all OPs (from CA and other states) post their wins, for a variety of reasons. And a lot of help from Shellieh98 as well. And, yes there has been recent wins from other states also not posted. Many of the dismissal stipulations say the OP must not talk about the case. The bottom feeders like to keep a lid on this sort of thing, while promoting fear of litigation through creative tactics. Quote Link to post Share on other sites
Brotherskeeper 909 Posted July 25, 2015 Report Share Posted July 25, 2015 And a lot of help from Shellieh98 as well. And, yes there has been recent wins from other states not posted also. Many of the dismissal stipulations say the OP must not talk about the case. The bottom feeders like to keep a lid on this sort of thing, while promoting fear of litigation through creative tactics.@Anon AmosConsumer attorneys may also request that we not post online about these cases. I know of one recent FDCPA case against a truly scurrilous, slippery, bottom-tier JDB that a dogged and dedicated NACA team hunted (with videographer in tow!) down. It had a happy ending for the good guys. 1 Quote Link to post Share on other sites
Anon Amos 2,247 Posted July 25, 2015 Report Share Posted July 25, 2015 @Anon AmosConsumer attorneys may also request that we not post online about these cases. I know of one recent FDCPA case against a truly scurrilous, slippery, bottom-tier JDB that a dogged and dedicated NACA team hunted (with videographer in tow!) down. It had a happy ending for the good guys. That's a good point I didn't think of. So it is safe to say there are far more victories then what actually get posted here. Quote Link to post Share on other sites
Brotherskeeper 909 Posted July 25, 2015 Report Share Posted July 25, 2015 That's a good point I didn't think of. So it is safe to say there are far more victories then what actually get posted here. @Anon AmosSpeaking personally and anecdotally, I believe it is safe to say more CIC victories occur than are posted here. Same is likely true of defeats; some CIC posters just disappear. Quote Link to post Share on other sites
Anon Amos 2,247 Posted July 25, 2015 Report Share Posted July 25, 2015 @Anon AmosSame is likely true of defeats; some CIC posters just disappear. As a control factor these posters could only be placed in the category of "unknown". In my opinion. I do know of threads that just end, some even contain speculation of a loss. The OP wants no mention of it due to an agreement with the bottom feeder to say nothing about the case. Quote Link to post Share on other sites
BV80 2,797 Posted July 25, 2015 Report Share Posted July 25, 2015 @Anon Amos The OP wants no mention of it due to an agreement with the bottom feeder to say nothing about the case. A nondisclosure clause is usually included in a settlement agreement in which the JDB has had to pay the consumer. In the instance that a JDB or OC simply dismisses its lawsuit, there won't be a such a provision. I've received PMs from posters offering a quick "I won" and "thank you" along with an explanation that they'd post details on the boards at a later date but, "for now", they were just going to relax and enjoy their victory. However, they never returned. I can't blame them for not returning. Defending a lawsuit is very stressful and it's a blessing to get past it and not think about it anymore. 2 Quote Link to post Share on other sites
Anon Amos 2,247 Posted July 25, 2015 Report Share Posted July 25, 2015 They do put confidintiality clauses in suits where they didn't pay the defendant, but probably not as often.I agree with what you're saying. By the time it's over the defendant is so tired of it they don't have another post left in them, not to mention they got their life back and were finally able to move on. 1 Quote Link to post Share on other sites
debtzapper 1,274 Posted July 25, 2015 Report Share Posted July 25, 2015 I have contacted by PM some OPs over the years. Some have said they lost. Some have said they won, but just never thought about posting it on the board; some have said they didn't think anyone cared to know; some said they won but they just wanted to forget the experience; and some have said their lawyer told them not to discuss their case. 2 Quote Link to post Share on other sites
shellieh98 1,505 Posted July 26, 2015 Report Share Posted July 26, 2015 I have helped 8 in colorado, 1 lost (really never understood) and the other 7, I don't think any of them posted, lol. Quote Link to post Share on other sites
h8spleadingpaper 132 Posted July 26, 2015 Report Share Posted July 26, 2015 I'm calling mine another "win" for California, as noted above. Dismissal Without Prejudice from Portfolio (case is now outside of SOL): http://www.creditinfocenter.com/community/topic/326248-portfolio-recovery-hunt-henriques-new/ Could not have possibly done it without this site. An enormous, heartfelt "thank you" to all, particularly the tireless calawyer and AnonAmos. I owe you both so very much. Thank you!!! 4 Quote Link to post Share on other sites
Brotherskeeper 909 Posted July 26, 2015 Report Share Posted July 26, 2015 I'm calling mine another "win" for California, as noted above. Dismissal Without Prejudice from Portfolio (case is now outside of SOL): http://www.creditinfocenter.com/community/topic/326248-portfolio-recovery-hunt-henriques-new/ Could not have possibly done it without this site. An enormous, heartfelt "thank you" to all, particularly the tireless calawyer and AnonAmos. I owe you both so very much. Thank you!!!@h8spleadingpaper You are battle-weary, but also battle-tested. They surrendered. It's a win. You have no idea how much your questions, thought-process, experiences and trial materials will help others--and not just in California. Adding to the body of knowledge here on CIC pays it forward. 4 Quote Link to post Share on other sites
BV80 2,797 Posted July 26, 2015 Report Share Posted July 26, 2015 @Anon Amos They do put confidintiality clauses in suits where they didn't pay the defendant, but probably not as often. A dismissal itself would not have a nondisclosure provision because that dismissal is public record. It would be in a separate agreement that would require the defendant's signature and would outline details that could not be publicly revealed. Quote Link to post Share on other sites
