RedneckMom Posted March 15, 2005 Report Share Posted March 15, 2005 Can someone please explain to me what this statement means."Plaintiff's Voluntary Dismissal of its Motion to Compel and for Sanctions submitted to the Court."and.... [VOLUNTARY DISMISSAL OF MOTION]Comes now the plaintiff in the above-styled case and voluntarily dismisses its motion, said dismissal being without prejudice pursuant to O.C.G.S $ 9-11-41This was a Civil Action Case. A hospital sueing my friend. She and her husband appeared in court 2 or 3 times loaded with canceled checks where they had been making payments on this account. The hospitals attorney's never appeared for any court date, having one excuse after another. Never notifying her. She and her husband both missed these days of work. When my friend recieved this letter she called an attorney and was told it meant that they were dropping the case. 10 years later she wanted to refinance her mortgage and found out that this law firm put a lien against her property. She had payed on this for several months and her balance was something like $1600.00. She could not afford an attorney and was ready to submit her canceled checks if given a chance.Is this legal? The hospital was excepting payments up until this point, then refused them without an explination. Link to comment Share on other sites More sharing options...
momof5 Posted March 15, 2005 Report Share Posted March 15, 2005 The atty realized that he had no case and dropped it. The 'without prejudice part means that if he can substantiate a case in the future, he can refile....Odds are against it! Your friend may now breath her sigh of relief. Link to comment Share on other sites More sharing options...
c m chase Posted March 15, 2005 Report Share Posted March 15, 2005 Wait a tick. They have a lien on their property right now??If they have a lien from this company, what they did was dismiss this case and refile and not tell her. She can probably have the lien lifted (don't know specifics of that one) and the judgment vacated. That's rediculous. I can't stand jerkwad companies like that. Link to comment Share on other sites More sharing options...
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