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Have You Successfully Defended Yourself in Court

Have You Successfully Defended Yourself in Court?  

120 members have voted

  1. 1. Have You Successfully Defended Yourself in Court?

    • Yes, won a counterclaim against Plaintiff!
      8
    • Yes, got a dismissal with predijuce - Plaintiff cannot resue
      39
    • Yes, got a dismissal without predijuce - Plaintiff can refile
      43
    • Yes, I got a dismissal using arbitration
      12
    • No I lost my case, Plaintiff got a judgement against me
      11
    • Maybe, arbitration stayed my case
      7


72 posts in this topic

Let us know of your legal score board in court.

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I have successfully defended myself before, but I have lost more then I have won lol. So I do not know how I should answer this poll.
You should answer it without prejudice :)

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66% success rate so far. Got a dismissal w/o prejudice with an OC. Got a stay pending arb with a JDB.

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I couldn't vote :(

I was in Mecklenberg Co. Va. ( general distric )

Went to court 3 times and got a (non-suit) on all 3. :)

I consider that a win.

Midland was first, won that by claiming I did't owe , asking for a bill of particlars, showing a lot of inconsistent info between jefferson capital, midland ,and my credit report.

Cap-1 was next- won that by SOL

lvnv was last and easy- SOL

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From Wikipedia, the free encyclopedia

United States

In the United States, a voluntary nonsuit is a motion taken by the plaintiff to release one or more of the defendants from liability. So, for example, if a plaintiff wishes to give up on the lawsuit, he or she can file a nonsuit as to all defendants with the court, and all proceedings will stop. Alternately, if a plaintiff settles with one of several defendants, he or she can file a nonsuit as to that one. A nonsuit is a right of the plaintiff, but it may be prevented if the defendant has pleaded for affirmative relief.

The law in the United States was established as early as 1828 when the Supreme Court ruled:

A nonsuit, may not be ordered by the Court, upon the application of the defendant, and cannot as we have had occasion to decide, at the present term, be ordered in any case without the consent and acquiescence of the plaintiff

De Wolf v. Rabaud 26 U.S. 476, 497 (U.S. 1828).

A compulsory nonsuit is a decision by a court that a case cannot proceed to trial, either on substantive or procedural grounds. Depending on which grounds the nonsuit is entered, the plaintiff may or may not be able to file his case again.

In the U.S. Federal Rules of Civil Procedure, the term does not appear, but a dismissal under Rules 12 and 41 has a similar effect.

Often, the term "nonsuit" will appear in older U.S. cases. The meaning of the term in most of these older cases is the same as described for the United Kingdom (see below). This is because most colonies, upon separation from England, still used English common law (as no U.S. or State-specific laws had yet been passed). Modernly, this type of motion is known as a "motion of dismissal".

Virginia

In Virginia, which does not follow the Federal Rules, a nonsuit is known by that name. A nonsuit is simply an agreement by the plaintiff not to proceed in that suit against that defendant, and is not a bar to bringing a future action against the same defendant.[1] There are restrictions on when a Virginia nonsuit may be taken, and only one nonsuit may be taken against a party on a cause of action as a matter of right.[2] Within the limitations, a plaintiff has an absolute right to one nonsuit.[3] A Virginia plaintiff who takes a nonsuit may bring a new action against the same defendant(s) on the same subject matter within six months, regardless of the operation of the Statute of Limitations.[4] The difference between a Federal Rule 41 dismissal and a Virginia nonsuit is more a matter of form than substance, although the Virginia statute does not require the consent of the defendant and can be taken at later stages in the proceeding.[5]

A nonsuit is often taken by a plaintiff who anticipates a judgment or ruling that "imparts finality" against him, who wants to avoid the adverse judgment and preserve at least the possibility of prevailing on the merits of his case in the future.[6]

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Does it include Small Claim?

I have mostly won or got dismissal in SC court. But never got judgment against me.

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From Wikipedia, the free encyclopedia

United States

In the United States, a voluntary nonsuit is a motion taken by the plaintiff to release one or more of the defendants from liability. So, for example, if a plaintiff wishes to give up on the lawsuit, he or she can file a nonsuit as to all defendants with the court, and all proceedings will stop. Alternately, if a plaintiff settles with one of several defendants, he or she can file a nonsuit as to that one. A nonsuit is a right of the plaintiff, but it may be prevented if the defendant has pleaded for affirmative relief.

The law in the United States was established as early as 1828 when the Supreme Court ruled:

A nonsuit, may not be ordered by the Court, upon the application of the defendant, and cannot as we have had occasion to decide, at the present term, be ordered in any case without the consent and acquiescence of the plaintiff

De Wolf v. Rabaud 26 U.S. 476, 497 (U.S. 1828).

A compulsory nonsuit is a decision by a court that a case cannot proceed to trial, either on substantive or procedural grounds. Depending on which grounds the nonsuit is entered, the plaintiff may or may not be able to file his case again.

......

A nonsuit is often taken by a plaintiff who anticipates a judgment or ruling that "imparts finality" against him, who wants to avoid the adverse judgment and preserve at least the possibility of prevailing on the merits of his case in the future.[6]

Not sure how this is relevant.

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Not sure how this is relevant.

being that non-suit wasn't in your poll , and i got a non suit in my cases, I thought it would be relevant to show what a non suit was for those that didn't know.

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...... than the choices offered.

I went to trial and the judge ruled for the defendant (me). No cause of action.

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I won against Midland Funding yesterday! WITH Prejudice!

I couldn't have done this w/out the help of these boards & CALAWYER & SEADRAGON!!

xbeer2)xbeer2)

  • Like 2

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I have 3 dismissed with prejudice, and 1 (Midland) who is the last holdout. I also have 2 cases I am filing with CAs that I do not owe anything, so they should also end up in the win column ultimately.

It looks like I have 1 large one down the road I will have to deal with. That one gets me a little nervous, because it will be in district court and not small claims.

I owe the folks on this site and others for helping to teach me my rights.

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I won one in Circuit Court that Chase was suing for over $25,000. I lost one against FIA, but I believe I lost mainly cause I did not know what I was doing, since it was my first.

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Citibank dismissed with prejudice. I started off really not knowing what I was doing, but I took the time to learn as much as I could about everything that that even remotely looked relevant. Pound them by propounding upon their asses some nasty discovery.

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I won my 2nd case against Portfolio Recovery Services this wk WITH Prejudice!

I couldn't have done this w/out the help of these boards & CALAWYER & SEADRAGON!!

THANK YOU!!!!xFlowersxxFlowersxxFlowersxxFlowersx

  • Like 3

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My wife was sued by Midland last year, got alot of great info and knowledge from these boards. I think we were in a position where we could have won but we settled for about half because she was pregnant and really didn't want to fight it anymore plus I was the one filing all of the documents and if she had to go to court she may not have known what to say.

Thanks to everything I learned here though I had Portfolio Recovery trying to collect from me and I was able to beat them. In the process of collecting they committed FDCPA and TCPA violations so I sued them pro se before they could sue me. They settled for $2000 and deleted the debt (about $1000) and agreed to delete the CR listing and not file a 1099-C and I told them I would not sign a non-disclosure agreement.

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FDCPA suit settled in my favor. Their side said my paper trail was the reason. SO the lesson here is: KEEP ALL PAPERS, envelopes, and write date received on each. IF you call, note who you called date/time and extension number and employee ID IF they'll give it to you. I also made notes during calls and wrote complete reports of what was said on both sides and highlighted any potential violations on their part. THEN, I made a folder with sticky tabs with #1, #2, etc and cross-referenced those with my database of their violations (some were multiple violations of same problem). This went on for over a year with me trying to do it w/o legal intervention. I finally got sick of it when the THIRD JDB called me for my FULLY PAID OFF debt, so the lawyer was called. He was so thrilled with my paper trail (for which most ideas came off this board) that he had me show him my system for future clients. THANKS BOARD, the advice here is very sound.

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I initially got my case dismissed without prejudice Midland. So they amended their complaint and now theyre trying to pull a fast one (motion to strike my affirmative defense, and motion for summary judgment) I OPPOSE. And reserve the right to amend answer and counterclaim.

But I'm so tired of these clowns, it feels like they did something wrong to me. Maybe I'll countersue. But I dont have the time, energy or money for it right now, so I'll probably settle for anywehr from 40-60% of debt, barring some miraculous compassion from the judge which seems unlikely but ya never know.

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