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Question about Track ADR (210 days)


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First, let me say how much I appreciate the wealth of information and people willing to share their stories here. I still have quite a lot to learn, but thanks to you Ladies and Gentleman, I'm well on my way.

Im fighting lawsuits from JDB's right now on old CC debt (past SOL now, but filed very close to SOL expiring). So far they have not validated and Ive yet to be served in this one case. Im watching my court case progress online and in this case, it states the summons and complaint has been filed (shows the filed date) and then Track Service, Track ADR (210 days), and Track Answer (with no dates). So if it isnt served within the 210 days, doesnt that mean the courts will automatically dismiss it? Is there something I can do to get it dismissed on the basis that it hasnt been served to me within the 210 days? And if so, by going to the courts and filing for it to be dismissed, wouldnt I be putting myself into a position to be served right there by the clerk of court?

Ive looked into the past history of this JDB, and they have many, many cases here in my courts, and most of them are won by "default uncontested". But ive noticed in some cases, where the defendant was never served, the case gets dismissed per some "RULE". Theres also a file usually showing up in these cases that says "ADR dormant notice sent, No Service"

I guess I just want to see what my options are. If I file a motion to dismiss, then Im sure the court would notify the JDB's Lawyer of this and give them time to respond. It would be nice if I could just go there, say "Please dismiss based on non-service", and since its past 210 days, they would do it right there on the spot.

My GF said theres been someone coming to my door and knocking (its been a while now), and its got to be them, but she doesnt answer the door to strangers. If they did manage to serve me, after the research Ive done here, I have many FDCPA and FCRA violations I can counterclaim with this one. So Im wondering if maybe they realize that and will just let it sit and expire. It was part of many bulk filings for that day and week. I'm judgement proof anyway, and can file ch.7 if I lose one of these cases, so in the end, they wont get a dime out of me. I'm just hoping to beat them in court, or get this one dismissed if possible. And I would rather save a BK filing for something a lot more important than a JDB alleged credit card debt.

Please weigh in with your knowledge and experience. Thanks. :mrgreen:

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