mrsfrustrated Posted March 14, 2008 Report Share Posted March 14, 2008 i recieved the summons and court date. no questions were in with the summons. should i be expecting a questionaire from the lawyer now? and should i send the lawyer request for discovery? or should i just wait and show up in court and hope the lawyer is not prepared and ask then to see the proof that this is mine? if they don't have proof on the court date, can i ask the judge to dismiss with prejudice or will the judge give the lawyer time to go get his proof? also, when i request to dismiss with prejudice, do i have to file that first or just ask while in front of the judge? Link to comment Share on other sites More sharing options...
BTO429 Posted March 15, 2008 Report Share Posted March 15, 2008 You can ask the judge anything you want whether he agrees or not cant be said. If you can prove you never had a chance for discovery, at least here in IN the judge will usually agree on a motion to set aside for discovery. If the CA lawyer cant prove you owe the bill to them then ask for a motion to dismiss with prejudice ask the judge right then and there. Link to comment Share on other sites More sharing options...
hannah Posted March 16, 2008 Report Share Posted March 16, 2008 i recieved the summons and court date. no questions were in with the summons. should i be expecting a questionaire from the lawyer now? and should i send the lawyer request for discovery? or should i just wait and show up in court and hope the lawyer is not prepared and ask then to see the proof that this is mine? if they don't have proof on the court date, can i ask the judge to dismiss with prejudice or will the judge give the lawyer time to go get his proof? also, when i request to dismiss with prejudice, do i have to file that first or just ask while in front of the judge?Did you file an answer?As for discovery, some courts don't allow automatic discovery and you must motion for it. In other courts, discovery is limited to production of documents. It depends on the level of court. Have you looked up the Rules of Civil Procedure for NJ and local rules for the court you are in? Link to comment Share on other sites More sharing options...
Happy Posted March 16, 2008 Report Share Posted March 16, 2008 Sorry for this if it is a dumb question, but what is the difference between dismiss with prejudice or without prejudice? Link to comment Share on other sites More sharing options...
hannah Posted March 16, 2008 Report Share Posted March 16, 2008 Sorry for this if it is a dumb question, but what is the difference between dismiss with prejudice or without prejudice?In layman's language, without means they can sue you again; with means they cannot. Link to comment Share on other sites More sharing options...
one who knows Posted March 16, 2008 Report Share Posted March 16, 2008 to advise you what to do next,it is important to know if after you received thesummons,did you file an answer.if you did that is the reason why you got a ct dateyou should be receiving discovery request from the atty office. these will be in the form of rogs and rqst 4 admissions, you will have 30 days from the date the you receive them to answer and return them to the atty,you can also serve theatty w your own rogs and rqst 4 discovery and the atty will have the same amt of time to answer. it is very important that even if you can't not answer these questions that you respond in some way to them,otherwise the atty will a motion to suppress you answer 4 failure to answer the discovery. and this suppression will lead directlyu to the atty making a motion 4 summary jdgmt; which if granted will lead to have court granting a jdgmnt against you Link to comment Share on other sites More sharing options...
mrsfrustrated Posted April 29, 2008 Author Report Share Posted April 29, 2008 well my court date is next week and i havent recieved any questions from the lawyers nor did i send them any. i have a funny feeling they are expecting me NOT to show up. oh well, wish me luck! i'll let you guys know how it went.on one good note. after doing all the reading here. i sent out a few letters. the CRA's have deleted some old accounts that weren't mine and i DV'd another old bill and i just got the letter that they closed the account. once i get this court date dealt with. my credit report shouldn't have anything left on it. oh, and i also put a freeze on my credit report too!thanks for the advice and info! Link to comment Share on other sites More sharing options...
mrsfrustrated Posted May 6, 2008 Author Report Share Posted May 6, 2008 well i went to court, i was surprised when they called my name there was no lawyer for the plaintiff. the judge said the lawyer wanted to talk to me to see if we could come to a agreement. so a women took me out in the hall connected me to the lawyer. the lawyer asked if i would like to come to an agreement. i said, i don't know what this is about. he said something about a credit card back in 2003. i said, i don't recall. so he said, he was going to dismiss the case, have his clients get copies of the statements and send them to me to see if they can refresh my memory. and we would go from there.i didn't ask if the dismissal would be with or with out prejudice because im sure its without. when i went back into the court room it was empty except the court lady and a cop. the lady said they would have to do it in writing. so she told me to go home wait about a week, call the court to see if this lawyer did send in the dismissal. and if not i would have to call the lawyer and bug him to send the dismissal to the court. i told her i was concerned that they would change their minds and take me back to court and i wouldn't know about it and loose. she said what ever they do they have to motion to the judge and i will get a copy of whatever they decide to do. so am i in the clear? im in a 6 year sol state. its only been 5 years. i know they can probably sell the account and i could get sued all over again. should i file a motion to dismiss with prejudice? can i do that? i know - i know i should read the laws or legal protocol for my state. but i did, and it didn't make any sense to me......... i will try again. and i do have to say just like alot of other people on here.. SHOW UP! there were sooooooo many defaults its not even funny! so do i just sit a wait for these statements to come in from the lawyer - what are they going to do when i do get the statements and still say I DON'T RECALL? are they going to file another suit against me? i haven't read any stickies or posts on here with a situation like this!thanks again! Link to comment Share on other sites More sharing options...
merrybucks Posted May 7, 2008 Report Share Posted May 7, 2008 File your own motion to dismiss or a MSJ due to lack of evidence. Link to comment Share on other sites More sharing options...
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