Chicka03 Posted August 29, 2008 Report Share Posted August 29, 2008 HI! I just received a notice of hearing for a motion to dismiss cause without prejudice and have a few questions. On the paper it lists a collection agency and their lawyer with me as the defendant. 1. I have never received a phone call, mail, or anything on my credit report from these people so I have no idea what this is in regards to. I would love to do DV but think it is too late for that. 2.Whatever it is is old because it is in my maiden name so my guess this debt is around 9 yrs old. 3.The motion was filed in a different county from where I resided. 4.This just came in the mail I was never served. So I don't want to blow off this hearing does anyone suggest how I should prepare? I don't think contacting the lawyer is a good idea. I am new to this so I really appreaciate any and all advice! Link to comment Share on other sites More sharing options...
debtorshusband Posted August 29, 2008 Report Share Posted August 29, 2008 It's just a guess, but I think:1. They have filed a lawsuit against you2. They have been trying to serve you, but have been unsuccessful.3. Now they are giving up and are dismissing the lawsuit.I think you should contact the courthouse where the lawsuit was filed, and get copies of all the paperwork. If the county has a website that allows you to access the documents, even better. There should be a summons and complaint, at a minimum.What you do depends on what you find, but it seems your best course of action might be to just lay low. Maybe attend the hearing as a "fly on the wall."Good luck.DHPS It's a mystery to me why they are having trouble serving you, and why they filed in the wrong county, if they have your correct address, which they must in order for you to have gotten the hearing notice. Link to comment Share on other sites More sharing options...
admin Posted September 2, 2008 Report Share Posted September 2, 2008 I don't know your specific state's or county's court procedures, but the motion to show cause is basically where the judge sits down with the parties to see if there is any basis for a suit. Link to comment Share on other sites More sharing options...
Methuss Posted September 3, 2008 Report Share Posted September 3, 2008 I don't know your specific state's or county's court procedures, but the motion to show cause is basically where the judge sits down with the parties to see if there is any basis for a suit.Um...no. A motion to show cause is an adversarial complaint. It basically means you have not obeyed a lawful order from the judge. For example if you were ordered to appear for an asset hearing and failed to show up for it. It means you are being summoned to court to explain why you have not obeyed the order. Be warned. If you fail to show up for a show cause the judge can order your arrest for contempt of court.They say there is no debtor's prison in the USA but that isn't fully true. A judge can order you held until you comply with his order. Link to comment Share on other sites More sharing options...
admin Posted September 3, 2008 Report Share Posted September 3, 2008 Um...no. A motion to show cause is an adversarial complaint. It basically means you have not obeyed a lawful order from the judge.So you're saying that because they have not responded to the summons this is what they get? Link to comment Share on other sites More sharing options...
Methuss Posted September 3, 2008 Report Share Posted September 3, 2008 So you're saying that because they have not responded to the summons this is what they get?Unfortunately yes.When I was going through the eviction of the tenants that destroyed my rental property, I found out she had a bench warrant for her arrest for failing to show up for a show cause in another county. She was ordered held until she answered the plaintiff's questions about where her assets were held.This is the way I understand it: If you are sued for money and loose by whatever reason (default or rendered judgment) the plaintiff can move for the court to ORDER you to disclose where your assets are held (money, jewelry, valuable property of any kind). If this request is granted...and it normally will be if you have not paid the judgment within 30 days of it being adjudicated against you...you are summoned to court to answer those questions. This summons is mandatory. If you fail to show up, the plaintiff can file a rule to show cause (the proper name); which essentially is an order to appear and explain why you did not show up for the mandatory summons. Failing to show up for the show cause results in a warrant for arrest for contempt of the court. You can then be picked up by law enforcement and held until you comply with the judge's order.A rule to show cause is not something a party should do lightly. Although it is generally granted only upon a sworn affidavit that the other party failed to follow a judge's order, once both parties are in the courtroom again it is up to the party that filed the rule to show cause to prove it was necessary. If the judge deems the rule to show cause was not necessary, the moving party can be sanctioned. Link to comment Share on other sites More sharing options...
Chicka03 Posted September 3, 2008 Author Report Share Posted September 3, 2008 Um...no. A motion to show cause is an adversarial complaint. It basically means you have not obeyed a lawful order from the judge. For example if you were ordered to appear for an asset hearing and failed to show up for it. It means you are being summoned to court to explain why you have not obeyed the order. Be warned. If you fail to show up for a show cause the judge can order your arrest for contempt of court.They say there is no debtor's prison in the USA but that isn't fully true. A judge can order you held until you comply with his order.Mmmmm....I have never received anything from a CA, lawyer, or court until this Motion to Dismiss. Nothing is even on my credit report. The Plaintiff is a company known to be a JDB and on the paper it does not state appearance required. So I don't know how I violated a judges order? If I was served wouldn't I have to sign for something?I should go to the court and pull case files but it is 1.5 hrs away on a good day. I don't know why it was filed in a county I don't live in. Link to comment Share on other sites More sharing options...
Methuss Posted September 3, 2008 Report Share Posted September 3, 2008 It would be a good idea for you to find out from the court clerk what has happened so far. And no, you don't have to sign anything to be "served." In some jurisdictions they are allowed to simply tape it to the door of your last known address. Elsewhere they simply have to hand it to you. The process server that delivered the summons signs the return documents saying he delivered it in either case. Link to comment Share on other sites More sharing options...
calawyer Posted September 3, 2008 Report Share Posted September 3, 2008 I would have to look at the papers to be sure, but Admin may be correct. You are the defendant. It sounds as if the Court is considering dismissing the case for lack of prosecution (ie. plaintiff has not served you in a timely fashion). Read the papers again and see if this is what is going on. Link to comment Share on other sites More sharing options...
Chicka03 Posted September 7, 2008 Author Report Share Posted September 7, 2008 I would have to look at the papers to be sure, but Admin may be correct. You are the defendant. It sounds as if the Court is considering dismissing the case for lack of prosecution (ie. plaintiff has not served you in a timely fashion). Read the papers again and see if this is what is going on.After my research that is what I am thinking. The court records indicate this has been a 2 yr process as far as trying to have me served. I am keeping my fingers crossed. Thanks! Link to comment Share on other sites More sharing options...
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