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How do I get a dismissal with prejudice?


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An attorney representing Discover, (does not own debt, just hired by them) sued my husband for $12,000+ and got a judgement by default. Hubby didn't even know of court case/date because he wasn't properly served. Hubby went back to court, and got the judgement vacated, as the attorney never showed up. However, the case was kept "alive", and now, three months later, both parties are scheduled to return to court this Friday. If this attorney once again does not show up for court, how can my husband ask the judge to dismiss this case with prejudice, so there will not be any more court dates? Excuse my ignorance in this matter, but would he have to file any paperwork beforehand, or just ask the judge when he is called? Thanks to everyone for their help in advance--it is very appreciated.

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If he can show some sort of abuse by the opposition, he can ask for sanctions. If the sanctions are granted, then asking for dismissal with predjudice would probably be granted. Things like submitting falsified exhibits or false statements that documents were served when they were not are good examples.

Dismissing with predjudice is an extreme move for a judge since it bars the other party from futher action. Judges don't do this lightly...they need good reason.

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Thanks for the response!! As of right now, the abuse has been that the lawyer, for no good reason, has ignored the fact that the judgement has been vacated--(my opinion is that he just doesn't even know.) Anyway, he has since sent a letter to my husband's employer wanting wage garnishment, and also sent my husband a notice of petition for turnover of money in his bank account, with a scheduled court date of February 2nd. He is acting like the judgement was never vacated!! What more can you advise? Thank you very much again.

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Anyway, he has since sent a letter to my husband's employer wanting wage garnishment, and also sent my husband a notice of petition for turnover of money in his bank account, with a scheduled court date of February 2nd.

File an FDCPA lawsuit for illegal collection practices. And yes, what he is doing is illegal.

"(13) The false representation or implication that documents are legal process. " They are not. He has no judgment since it was overturned.

"(6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if --

(A) there is no present right to possession of the property claimed as collateral through an enforceable security interest;" He's trying to take property without right to do so.

That will get his attention. And probably off-set any claim he has himself.

btw: You have some actual damages here. By serving a garnishment notice unlawfully on your husband's employer, he has defamed your husbands reputation with his employer. That's some serious cha-ching.

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