kranxel

Dismiss without prejudice

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This is in reference to an on going court case from march, I am being sued by Midland funding for and account that isn't mine, I have no record of ever opening account, never on my credit report, I have excellent credit, this is apparently 6 years old. We have been to mediation 2 times; judge is mad at lawyers for having no proof so far.

Our final court date is scheduled for August 28th; I want my day in court since I am positive this isn't mine.

Today I received a letter from plaintiff's attorney for dismissal

"Stipulation to dismiss without prejudice"

The letter just indicated please sign and return to me.

Ha!

I won't just sign anything, and I certainly won't sign this Dismissal just so they can take up the case at a later date.

Exactly what am I agreeing to when I sign a stipulation to dismiss (all parties) without prejudice?

I don't want to sign it; I want to just have my day in court since I know this isn't mine. This is just taking up court time and my time. Can I just ignore this Dismissal and show up for our scheduled court date?

Court date is August 28th

Edited by kranxel
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It appears that Midland does not have the evidence needed to continue. Congrats on that.

Should you decide to sign the paperwork, Midland can either sue at a later date or sell the paperwork to another JDB and if it is on your CR - they do not have to delete it.

I don't know what your objectives would be to have your day in court. Did you countersue? Is there a chance you would receive monetary compensation?

if not......I would advise them that you want

1. Dismissal with prejudice

2. Will not sell debt to another JDB

3. All credit references on CR deleted with the stipulation that they do not add it at a later date

4. Documents signed by the Judge

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Don't I want my day in court for exactly that reason?

To request infront of the judge that the case is dismissed with prejudice?

remove midland from Credit report, and to agree not to resell?

They have to proof because this isn't my debt. All they will do by selling this is drag it thru another 5 months and have no proof, just a waste of court and my time.

Can I just ignore the Dismissal?

I don't want to sign it due to they want to dismiss without prejudice?

Edited by kranxel
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Send the letter back with the appropriate amendments. Cross out and initial "without" and insert "with" add the necessary lines that say that Midland will not resell your debt, will remove it from your credit report and not readd it at a later date.

Send an additional note with your amended stipulation for dismissal with prejudice that you will agree to it only with the additional changes.

Then sit back and wait until they either send you a corrected/amended version to sign or your court date, whichever comes first.

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I have noticed by reading thru a lot of these forum postings you never know how the cases came out.

I am here to say, that thru all my hard work and the advice of some good people on this site my case was finally dismissed with prejudice.

I did end up talking to an attorney but never had the need to pay one to win this case.

I don't think I did the smart thing, it caused a lot of frustration and stress. Even though this was NOT my debt I still had to fight to prove it wasn't.

I advise you to at least contact an attorney to advise you on how to procede with your case.

We have to put a stop to these low life attorneys that take these cases.

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I cannot believe it!!!

Today I received a letter from midland funding "Settlement Opportunity"

In short it said:

You won't want to miss out on this settlement opportunity offered to you my midland finding llc.

we would like to offer you a positive and flexible option to resolve your account for 25% off the current balance.

Are you kidding me?

Can they still come after me?

What is my next step?

Doesn't my dismissal with prejudice mean anything?

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what is my next step?

You know newryman this isn't funny! Just a waste of court time, money and my time. This is not my debt. But I found out that is dosen't matter that it isn't mine, Midland can take up as much court time as they want, they just want me to slip up so they can win a judgement. $%$%^%@! UGH!!!

Edited by kranxel
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Sue them.

But build a case and some more cash first. Pull your credit report and see if they are still reporting it. Midland cant help themselves they love to give money away. :p

As you say it has cost you time, make them pay you for it now - seems fair to me that they should do so.

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Was it dismissed with or without prejudice? I am only asking because you have posted both. If it was without, then they can resume collection activity. If it is with, then I would send them a copy of the court decision and demand they cease collection activity.

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I just reread the posts and you are right newryman. I am guessing that collections isn't aware of the judges decision. It looks like the decision was rendered around the 20th of August, less than 2 weeks ago. I still think the OP should send a copy of the decision to Midland along with a C&D.

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My judgement was "with" prejudice!

They wanted without and I refused to sign, they came back with prejudice.

I was going to make a copy of the judgement should I also attach a cease and desist letter?

FYI: The letter that I just received was dated 8-29-09

I am so sick of this. UGH!:evil:

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Seriously the thing to attach is a summons. This is Midland - if you want rid of them permanently then sue and collect from them.

Have you checked your credit report yet?

You probably have FCRA violations as well as FDCPA and state violations. Spend the time to build your case and nail them hard or this will just keep popping up again.

Do let both your own and the PA AG know what they are up to as well.

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You serve their registered agent in your state.

Sorry it meant the Pennsylvania Attorney General.

Midland got handed the largest fine in PA ever by the AG and are high on his hot list to go after. He is very anti debt collections abuse.

I know you are angry and justifiably so and probably just want this over and done with like yesterday. However, it is likely to be in your interests to slow down a little and build a rock solid case and increase the cash value of it from the $1,000 level you are at now.

Pull your credit report. If Midland are still on there go apply for credit for an expensive car and get rejected, now you have actual damages on top etc etc. You also sound "emotionally distressed" to me, that is also actual damages. ;)

You have a case now as the act is one of strict liability and one breach is enough to trigger an action. But Midland being Midland will undoubtedly commit not only further breaches of FDCPA but also FCRA. I am not familiar with your states consumer protection or other laws but certainly in PA there are other pieces of law that can be used to go after them as well.

It is worth your while to seek out a NACA attorney who will represent you on a contingency basis for this one. It shouldn't be that hard. Midland pull this sort of crap so often there has to be class potential in it, in which case you want to be one of the named parties to get damages.

You WILL get this resolved, the question is at what cost to them or do you just let them walk away free and clear? That is a choice only you can make.

Good luck whatever you decide.

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Remember, if they reported to the CRA, having admitted in court no proof of the debt and agreeing to a dismissal WITH predjudice.... then the report on your credit record is:

Common Law Defamation, which is grounds alone for suing them. How much? What is your reputation worth? Make it $10,000.

Do as suggested, only do a mortgage application. Find a nice house you'd like to own, pick the mot hardass bank in the area, and apply for a pre-approved mortgage. When they turn you down, and cite the credit report and the item on it from Midland... wammo... add actual damage claim equal to the value of the house you were refused financing for... $500,000? Keep it realistic, something you actually could afford to purchase if approved, but at the high end of your believable range.

If you work it real hard you will be able to paint them into a corner that will get you a settlement for low 5 figures to go away.

But it will require diligent work on your part.

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