lunchbox Posted November 8, 2009 Report Share Posted November 8, 2009 thank you thank you thank you.....my entire brief,prelim objections,order etc was done by you fine folks. Thank You so much....So Time expired on the 4th, I rcvd a handwritten letter today and inside was a "PRAECIPE TO DISCONTINUE"PLEASE MARK THE ABOVE ENTITLED CASE AS DISCONTINUED WITHOUT PREJUDICE.DAVID GALLOWAYSo now what do I do...do I send this info the CRA's to get this thing removed, do I file to have this thing dismissed...or am I done? Link to comment Share on other sites More sharing options...
MG05 Posted November 8, 2009 Report Share Posted November 8, 2009 Great Job! Congrats! Link to comment Share on other sites More sharing options...
DFS Posted November 8, 2009 Report Share Posted November 8, 2009 I'm new at this, but wouldn't you want to make a Motion to Dismiss with Prejudice (or whatever the legal motion would be) otherwise as I understand it they can come after you again.and CONGRATULATIONS!!!!! Link to comment Share on other sites More sharing options...
Baggins Posted November 8, 2009 Report Share Posted November 8, 2009 Save your notes etc. MCM is gonna sell it to the next sucker jdb and you'll likely be going thru this all over again sometime later on. And I'm sure MCM, when they go to sell your note, will leave that little tidbit about how you fought them out...lol. Our "trial" with MCM is rapidly approaching and am quite curious how it pans out. All we did was answer the complaint, file MTS their bogus affidavit, went to first court date for all of 2min. in the judges office, and he set a trial date...interesting. Link to comment Share on other sites More sharing options...
david9041 Posted November 8, 2009 Report Share Posted November 8, 2009 CONGRATULATIONS Lunchbox that's cool . Link to comment Share on other sites More sharing options...
RebelLady Posted November 8, 2009 Report Share Posted November 8, 2009 WTG lunchbox CONGRATS!!!!!!! RebelLady Link to comment Share on other sites More sharing options...
poorbloke Posted November 8, 2009 Report Share Posted November 8, 2009 Congrats!!! good job! ONE FOR THE CONSUMER!! A+++++ Link to comment Share on other sites More sharing options...
lunchbox Posted November 8, 2009 Author Report Share Posted November 8, 2009 Thanks guys, so do I just wait for the next JDB? Can I get this removed from my credit report? Link to comment Share on other sites More sharing options...
DFS Posted November 8, 2009 Report Share Posted November 8, 2009 the file. That's all you can really do. But you need to be aggressive. I think I saw a flow chart about this on this site somewhere.Good Luck. Link to comment Share on other sites More sharing options...
musimann Posted November 8, 2009 Report Share Posted November 8, 2009 Congrats! I'm not sure if you can do this but I would look into anyway to get that changed to dismissed with prejudice. I believe you can file a motion to vacate and then ask for a dismissal with prejudice. At the very least they will say no and you will be back where you started. Dismissal without prejudice. Link to comment Share on other sites More sharing options...
Eloise Posted November 9, 2009 Report Share Posted November 9, 2009 Good for you. Congratulations! Link to comment Share on other sites More sharing options...
boxerluvr Posted November 19, 2009 Report Share Posted November 19, 2009 I don't know if this will help, I am in Missouri, but I did the same, as soon as I sent Req for Prod of Docs, they dismissed without prejudice. I then sent a letter to the AG, about 2 months later, received a letter from Midland to the AG that the account is closed, they will not sell or transfer to anyone else and that I have no obligation on the account. Try your state AG and see if it works for you!!! Of course they had an account number that I had never had on anything.BTW they also said they would remove from my credit report which may take up to 90 days. Good Luck!! Link to comment Share on other sites More sharing options...
admin Posted November 19, 2009 Report Share Posted November 19, 2009 I'm late to the party to congratulate you on your victory - but CONGRATS!! Link to comment Share on other sites More sharing options...
calawyer Posted November 19, 2009 Report Share Posted November 19, 2009 See if you are the "prevailing party" under your state's law when you have a dismissal entered in your favor. If so, you might be able to seek costs of suit. The amount will vary under each state's law, but in some states the first appearance fee is quite expensive. If you can get a several hundred dollar cost award against the plaintiff, you can often "trade" that for a dismissal WITH prejudice.Good luck. Link to comment Share on other sites More sharing options...
legal_loansharking Posted November 20, 2009 Report Share Posted November 20, 2009 Galloway is a scum attorney. He attempted to sue me and disappeared. I showed up to court twice, he was looking for a default only....I contacted Trak America and they could not get any response from him either. If anyone gets anything from this guy, fight it...He will cave. Link to comment Share on other sites More sharing options...
scardKaren Posted November 20, 2009 Report Share Posted November 20, 2009 Galloway is a scum attorney. He attempted to sue me and disappeared. I showed up to court twice, he was looking for a default only....I contacted Trak America and they could not get any response from him either. If I was Ca that is what I would do... Depending what you read between 80-98% of people never answer the court. Link to comment Share on other sites More sharing options...
legal_loansharking Posted November 20, 2009 Report Share Posted November 20, 2009 If I was Ca that is what I would do... Depending what you read between 80-98% of people never answer the court.While I can agree with you, I do disagree also.The problem lies with our court system. Remember what the summons actually states....The attorney signs a sworn statement that the facts contained in a summons are true and correct. How could the attorney really sign the document knowing there is no evidence at all?These attorney's are tying up our courts, wasting taxpayer dollars and should all be disbarred.I have no problem with the attorney that thinks they can prove their case and have the documentation to attempt a win. But there are too many out there that are in it for the quick buck with nothing in the file. Link to comment Share on other sites More sharing options...
scardKaren Posted November 20, 2009 Report Share Posted November 20, 2009 While I can agree with you, I do disagree also.I didn't say I believed it was right. Only that is what I would do. Link to comment Share on other sites More sharing options...
saint al Posted November 21, 2009 Report Share Posted November 21, 2009 thank you thank you thank you.....my entire brief,prelim objections,order etc was done by you fine folks. Thank You so much....So Time expired on the 4th, I rcvd a handwritten letter today and inside was a "PRAECIPE TO DISCONTINUE"PLEASE MARK THE ABOVE ENTITLED CASE AS DISCONTINUED WITHOUT PREJUDICE.DAVID GALLOWAYSo now what do I do...do I send this info the CRA's to get this thing removed, do I file to have this thing dismissed...or am I done?I also won against LVNV with simular resaults, I disputed it with the ca that was reporting it and they said LVNV was no longer listed. But the can sell it to another jdb but I would worry if they send you a dunning letter just send them a copy of your victory from the person(s) they bought it from. Dought they will try to sue you in an already proven no win challenge. S.A. Link to comment Share on other sites More sharing options...
david9041 Posted November 21, 2009 Report Share Posted November 21, 2009 I don't know if this will help, I am in Missouri, but I did the same, as soon as I sent Req for Prod of Docs, they dismissed without prejudice. I then sent a letter to the AG, about 2 months later, received a letter from Midland to the AG that the account is closed, they will not sell or transfer to anyone else and that I have no obligation on the account. Try your state AG and see if it works for you!!! Of course they had an account number that I had never had on anything.BTW they also said they would remove from my credit report which may take up to 90 days. Good Luck!!Would contacting the AG have done any good if they used a valid account number , but messed up in other parts of the process ? I am in Florida and had invalid Service and falsified documents , I filed it with the AG , but so far never even got a response . Link to comment Share on other sites More sharing options...
boxerluvr Posted November 28, 2009 Report Share Posted November 28, 2009 I would think that anything they did especially the falsified docs, if you can prove it, would absolutely get their attention. It took the AG in my state about 30 days, then they had to contact the creditor to basically get their side of the story. They then sent me what the creditor responded with and I got to respond to that. All in all it took from July 28, 2009 to Sept 9, 2009. I don't know about FL consumer protection laws but our AG encourages contacting them and filing complaints. Do you have an address to file complaints to or just contacting their general office? If you filed an actual complaint, and its been longer than 30 days and you have heard nothing, I would contact them and state that I was confirming their receipt of a complaint. I hope this works for you, a tremendous weight was lifted when my AG was willing to help. Link to comment Share on other sites More sharing options...
Baggins Posted November 29, 2009 Report Share Posted November 29, 2009 Wow, the current AG did little to nothing for us. Now the previous one got things done. Link to comment Share on other sites More sharing options...
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