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Dismissal hearing


Guest FloridaDebtor
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Should I try and get it dismissed at hearing or fight at trial and have it over with  

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Guest FloridaDebtor

I have to go to court on a motion I filed to have a credit card debt dismissed on some errors the attorney for the bank committed. I have a strong case to dismiss it but I was wondering. I also have a good case to win in court due to it being passed the sol. Should I not take the chance and get this dismissed or should I vacate the dismissal hearing and wait for the trial in hopes of winning. My dismissal might be without prejudice and they can later sue me. I want this over with and I am afraid that it will just give them more time in order to make up stuff.

So, my question is:

Should I go to dismissal and not take the chance of getting a pro-collector judge and get this dismissed?

Some of the stuff they filed I can use against them and if I have it dismissed I will lose some of my weapons against them. example: statements and contract, if they filed on this case, can they be used in future cases? I have found errors in the terms that would help me now.

The terms contract looks like something they copied off the internet. They offered only one statement which shows my last one and shows DOLA. Arent these all "heresay"?

Lastly, if I vacate the dismissal hearing, can I ask for the dismissal if during the trial I find myself up against a wall and might lose?

Thanks guys for all the help.

UPDATE 08/16/2006

Case was voluntarily dismissed by the plantiff (of course, I didnt get notice till I went down to the courthouse) and my hearing on the motion to dismiss was cancelled. This is another example of some of these JDBs just weeding out the easy wins on settlements and defaults. If you stand up against them and have the law on your side, you can get them to back off. They can refile, but unlikely since the SOL has just grown almost another year and gets stronger day by day. I will still hold on to all the info I have gotten here and any items I had ready to fight with in case they decide to go at it again. Best of luck to you all...thx again

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I agree with recovoering attorney on this. When you go to court for your dismissal, make it known at that time the debt is timebarred, and ask for the ruling to include it. All you need to do is sit down and write out your outline of what you are going to say, when you will submit your proof, etc., and just work it in. It is easier than you think. As to the matter of whether you included this in your initial request, if brought up, I would hope recovering attorney would jump in here and give you some insight as to assuring it gets in. It may not be a problem, but, to cover all angles. Myself, I would simply state that during your preparation, you were checking laws, and found the law referring to SOL. Then go on to state how this upsets you as the involved party(ies) are demonstrating to you that they do not abide by the laws as they are written, so have no trust in what they are now saying. You get the drift.

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Guest FloridaDebtor

Would I then have grounds to amend and add a countersuit for suing me over a time-barred debt and win? (btw, how can i go about filing a countersuit, in court room or with the clerk before my trial?)

I stated at the pre-trial my defense of SOL but the judge didnt dismiss it then because he gave the other side time to get paperwork in line. the other side had none with him at that time. since then, i have gotten only a couple of items which isnt strong enough to prove his case according to me. what are the chances of a judge dismissing a case such as mine in one of these motion to dismiss hearing instead of waiting for the actual trial? can the argument be heard then to get this over with?

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You can file what is known as a "Defendant's Claim". It is a countersuit and will be attached to the original suit filed, and would be heard at the same time. To give you an idea of how this works in most cases, watch one of the TV judge shows to get an idea.

My assumptuion of the judge's action of allowing them time to present proof of SOL is to allow them time to either find absolute porrf of their claim, or, to come back to court and admit the debt is timebarred. I'm not positive, but, I am assuming.

I wouldn't push the envelope too much here to maybe upset the judge. I'd follow court procedures to a tee and let it work it's magic. Therefore, just read the rules of court and follow them to protect yourself.

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Guest FloridaDebtor

Got a funny story to tell you. Just today, I got a call from the ppl at ASSet aHOles...the ones suing me, and they ask if I was going to pay? I was puzzled but told them not to call because I had sent a C&D letter and the trial was soon. They didnt have a clue about the case going to court. I ask for the acct number, OC, and amount and all of it was the same. Odd, why didnt they know it was already going to court? I kept telling the person I was recording (I wasnt, didnt have the machine on and they caught me in bed..i work nights sleep during day) and I kept saying keep talking, I need the money on violations. They threat me over and over that I would be paying in court blah blah....and got quite nasty, no fould words though. Anyways, thought it was comical.

BTW...I was just looking at my papers and realized that the only thing they have filed with the courts with a copy of my last statement. The terms was sent to me by the law office and does not show as being filed. nothing with my sig and only the statement furnished to the court....so, i believe that isnt enough to prove it is written plus the fact it requires the written instrument be attached to the claim per FL RCP. I will submitt in court the terms they offered to me, but should let them try and prove their case with just that statement...hardly enough IMO. no sig, no signed slips, no tems...what proof can they possibly have to tie itto a written. the lawyer will not even be in the court room (telephone appearance).

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Guest FloridaDebtor

:BigDance:UPDATE 08/16/2006 :BigDance:

Case was voluntarily dismissed by the plantiff (of course, I didnt get notice till I went down to the courthouse) and my hearing on the motion to dismiss was cancelled. This is another example of some of these JDBs just weeding out the easy wins on settlements and defaults. If you stand up against them and have the law on your side, you can get them to back off. They can refile, but unlikely since the SOL has just grown almost another year and gets stronger day by day. I will still hold on to all the info I have gotten here and any items I had ready to fight with in case they decide to go at it again. Best of luck to you all...

:BigDance:thx again :BigDance:

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