stardam Posted October 21, 2008 Report Share Posted October 21, 2008 I am very nervous about my court date tomorrow. I have been sued by LVNV and as usual they have not provided me with any of the docs I requested AND all they provided was the affadavit from themselves saying I owe it which I plan to object to as heresay. Just some last minute questions if you can help. I read on here just today that I should have an affidavit from myself. Is that true and what should it say?Do I ask for a motion to dismiss with prejudice or is that something I have to file seperately. Link to comment Share on other sites More sharing options...
sparky256DSL Posted October 21, 2008 Report Share Posted October 21, 2008 I can't help you but good luck and keep us posted! Link to comment Share on other sites More sharing options...
admin Posted October 21, 2008 Report Share Posted October 21, 2008 If you're going to court in person, you don't need an affidavit. Your testimony will serve as an affidavit. Link to comment Share on other sites More sharing options...
M&M Posted October 22, 2008 Report Share Posted October 22, 2008 The best of luck and let us know how it went>>>>>> Link to comment Share on other sites More sharing options...
stardam Posted October 22, 2008 Author Report Share Posted October 22, 2008 Hey guys! I just got back and told the judge I was asking for case to be dismissed with prejudice and told him what I had asked for in the discovery phase and they had failed to provide. I mentioned the affdavit they sent and objected to it as heresay since it was from the 3rd party CA with no personal knowledge from the OC. The attorney had nothing and asked for nonsuit without prejudice and that is what I got.The judge ended it by saying he suggested that when someone asks for documents during discovery, they need to be provided. Case dismissed.Does nonsuit w/o prejudice just mean I am going to have to do this all over again? Link to comment Share on other sites More sharing options...
LUEser Posted October 22, 2008 Report Share Posted October 22, 2008 Congrats. Bittersweet, but Congrats.You successfully defended against a judgment, but yeah the w/o prejudice does mean that someone else can sue you for this in the future. However, you have the potential res judicata defense in any subsequent cases. It's a stretch, as it hasn't been actually decided, but you may be able to convince the judge that since they couldn't do it right the first time, the shouldn't get a second chance. And if the court you were in was small claims, it may not have been a court of record, which means, that none of the proceedings were written down except the nonsuit. Link to comment Share on other sites More sharing options...
stardam Posted October 22, 2008 Author Report Share Posted October 22, 2008 Thanks! I wish it had been with prejudice but the judge told me straight up he won't grant that because it should be settled in trial. Either way, for now it's dismissed and if there is a next time, I am SO better prepared.This was small claims and the only thing written was what the judge wrote at the time of his decision so I will keep your advice handy. It was actually a fun experience. I live in a small town and the constable was quietly high-fivin' me when he opened the door for me after the dismissal. (the attorney was from Dallas).Thanks to everyone on this site!! I don't know what I would have done without all of you. I was so confident going in there and 6 months ago I would have never thought that I would be that way. You're truly a blessing.One more quick question... did this start over my SOL or do they have to file the next suit before it runs out? I'm almost to that 4 year mark now. Link to comment Share on other sites More sharing options...
LUEser Posted October 22, 2008 Report Share Posted October 22, 2008 It shouldn't restart the SOL, but it may or may not have tolled it during the proceedings. I'm not familiar with the state laws that govern SOL during a legal suit. Link to comment Share on other sites More sharing options...
merrybucks Posted October 22, 2008 Report Share Posted October 22, 2008 Congrats! My guess is since you are so close to SOL that you won't be bothered by this again. Link to comment Share on other sites More sharing options...
sparky256DSL Posted October 22, 2008 Report Share Posted October 22, 2008 Big Congrats!!!!! Link to comment Share on other sites More sharing options...
zfire Posted October 22, 2008 Report Share Posted October 22, 2008 Congrats!! Link to comment Share on other sites More sharing options...
Fairy Enchantress Posted October 22, 2008 Report Share Posted October 22, 2008 Congratulations! Love it! Link to comment Share on other sites More sharing options...
M&M Posted October 23, 2008 Report Share Posted October 23, 2008 I am so happy for you. to them. It makes me actually feel as if the judicial system may work after all:BigDance: Link to comment Share on other sites More sharing options...
admin Posted October 23, 2008 Report Share Posted October 23, 2008 Congrats!! Link to comment Share on other sites More sharing options...
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