DrowningInDebtGA Posted May 7, 2010 Report Share Posted May 7, 2010 Woo-hoo!!! Thank you all! I walked in there confident files in hand and didn't even get before the judge until the attorney offered mutual dismissal without prejudice. I'm so excited! He was still condesending and tried to make me feel threatened saying I need an atty, etc... but I feel pretty good now! What are the chances Cap One will file again? I'm wondering if this has happened to anyone? This was small claims court and I can't imagine it being worth their time and effort. Link to comment Share on other sites More sharing options...
rikkivs Posted May 7, 2010 Report Share Posted May 7, 2010 The dismissals were without prejudice so they can file again. However, I don't know if that is likely; it depends upon how large the amount they were suing you for is and it also depends on whether or not they feel it is worth it to litigate your case since they cannot get an easy default out of you. For them, if litigating will cost more than your alleged debt, then you might be in an interesting limbo.I don't know if at the eve of the SOL they can send you a 1099 form, you might ask about that, I know some collection agencies do that all the time but I don't know about Crap1. Link to comment Share on other sites More sharing options...
calawyer Posted May 7, 2010 Report Share Posted May 7, 2010 He was still condesending and tried to make me feel threatened saying I need an atty, etc... but I feel pretty good now! What a moron. You beat him at his own game. Congrats! I am sure you gladly would have paid an attorney to get your case dismissed but doing it yourself is.......priceless.If they do come back after you, post again. I think it is an unfair business practice to sue someone, forcind the defendant to pay a filing fee to answer and navigate the legal system on their own only to dismiss the case at the eve of trial and then file again [or sell to another JDB] hoping to wear the defendant down. Such tactics are an abuse of the legal system. Link to comment Share on other sites More sharing options...
FlaLawyer Posted May 7, 2010 Report Share Posted May 7, 2010 Does Georgia have a filing fee for Answers? Florida and Texas do not. Link to comment Share on other sites More sharing options...
Massive Posted May 7, 2010 Report Share Posted May 7, 2010 Good job!! Did you consider trying for a dismissal with prejudice?? That's an abuse of the legal system like the good Attorney said. These bums attempt to file suit to acquire default judgments and then they pull this crap!! Link to comment Share on other sites More sharing options...
WhoCares1000 Posted May 7, 2010 Report Share Posted May 7, 2010 What a moron. You beat him at his own game. Congrats! I am sure you gladly would have paid an attorney to get your case dismissed but doing it yourself is.......priceless.If they do come back after you, post again. I think it is an unfair business practice to sue someone, forcind the defendant to pay a filing fee to answer and navigate the legal system on their own only to dismiss the case at the eve of trial and then file again [or sell to another JDB] hoping to wear the defendant down. Such tactics are an abuse of the legal system.That is why if they do try to file a 2nd time and then dismiss when you fight again, you argue for a dismissal with prejudice due to abuse of the legal system. Most judges will grant one at the 2nd try. They don't like dealing with this stuff either (most judges have too full of a docket already). Link to comment Share on other sites More sharing options...
echo1 Posted May 7, 2010 Report Share Posted May 7, 2010 I am a noob so forgive me is this is a dumb question...when you motion for dismissal with prejudice is that done verbally at the hearing or do you have to submit a written doc? Link to comment Share on other sites More sharing options...
NOlegalese Posted May 7, 2010 Report Share Posted May 7, 2010 Hey DrowningInDebtGA, Congratulations on the dismissal!! I am in the exact same situation, Capital One is the Plaintiff and the Attorneys are Frederick J. Hanna, my answer is due in a week and I wanted to know how you answered. I've read all your posts and they were helpful but I did not identify what your answer was and how you got the dismissal. I would really appreciate any help you can offer, again congratulations!! Link to comment Share on other sites More sharing options...
DrowningInDebtGA Posted May 7, 2010 Author Report Share Posted May 7, 2010 I'm going to answer a few here...It doesn't cost anything to answer in my County (I'm not educated to know if that is statewide or not).If they do file again, you're right! I'll be happy to go to bat and get an atty! I was so annoyed. He asked me what happened and when I explained about my car accident, blah blah blah (we all didn't put ourselves in these positions on purpose) he said, "Sure. If Capital One would put a statement in their terms that said, 'Pay interest unless something happens' then nobody would pay." He was being condescending, but I do have to admit I threatened to sue his firm right off the bat for pulling my credit w/o my permission. I guess I could have put him on the defense immediately. I read these boards thoroughly and filed my answer with the blank answer form that my County court has on their website. You just need to admit the allegations that are completely correct and deny any allegations totally that are not completely correct… not in part... people do that but it is bad practice. Then ask for strict proof and counterclaim atty fees in case you have to hire one. Good luck! Link to comment Share on other sites More sharing options...
jkg3 Posted May 7, 2010 Report Share Posted May 7, 2010 Remember that attorneys hate to deal with pro se opponents. That's why they ask if you have an attorney. They do not want to deal with you. They want to deal with one of their buddies who will pretend to mount a defense for you, and then end up allowing the other attorney to get a judgment against you. In return, you get the chance to pay your attorney some money. As a pro se opponent, you are a ticking bomb in their hands. At every step they take, they risk violating your rights and ending up being censured by the state bar. Use that to your advantage. Show no fear. Link to comment Share on other sites More sharing options...
DrowningInDebtGA Posted May 7, 2010 Author Report Share Posted May 7, 2010 One question I forgot to answer... I did try to dismiss with prejudice while one-on-one with the atty, but he wouldn't agree to it. If you were in a hearing in front of a judge you would move to dismiss with prejudice verbally. Link to comment Share on other sites More sharing options...
Oregonactor Posted May 7, 2010 Report Share Posted May 7, 2010 Great job drowning...I won a default judgment against Chase Bank on April 21st because the Plaintiff didn't show. In my state they have 30 days to appeal, and the last day to appeal the decision is May 14th. I was not able to get it dismissed with prejudice, so I am fully expecting them to refile, but I have some good ammunition on my side - I paid almost $450 for all of my fees and the arbitrator was so ticked that they didn't show up that she awarded me fees when I didn't even ask. So if they don't appeal and try to file another suit after May 14th, I'll have all of the documentation ready and will also have the judgment that says they owe me money. And they have a few other questions that they will have to answer. I have a few friends who are pretty high up in our county and they are lawyers. I ran the situation past them and they said that the courts will question them why they are filing against me again when they already did and it's not their problem if they didn't show up. I had to pay a $197 filing fee when I filed my answer, plus pay half of the arbitrator fees. I was fine with it, but since I won the judgment and was not expecting to get my fees back, it was recommended by one of the county attorneys to just let the judgment sit there and if they try to file against me again, the courts will see that I have a judgment against Chase Bank and the court sometimes will tack on interest and penalties for them not paying the judgment when ordered to. Would love to turn Chase over to a collection agency and let them experience the other end of it.Anyway, a hearty congratulations for the win and watching them walk out of there with their pants around their ankles. They got a taste of their own medicine. Link to comment Share on other sites More sharing options...
echo1 Posted May 8, 2010 Report Share Posted May 8, 2010 One question I forgot to answer... I did try to dismiss with prejudice while one-on-one with the atty, but he wouldn't agree to it. If you were in a hearing in front of a judge you would move to dismiss with prejudice verbally. Thanks:lol: Link to comment Share on other sites More sharing options...
saint al Posted May 8, 2010 Report Share Posted May 8, 2010 I've had two debt collectors volluntarily dismiss 5 & 10 days before trail. i have filed a complaint with the Florida Bar against counsel for them both. A lawyer is to represent his clients interest within the law and not participate in a non legal standing lawsuit. Be Blessed! S.A. Link to comment Share on other sites More sharing options...
jkg3 Posted May 8, 2010 Report Share Posted May 8, 2010 I've had two debt collectors volluntarily dismiss 5 & 10 days before trail. i have filed a complaint with the Florida Bar against counsel for them both. A lawyer is to represent his clients interest within the law and not participate in a non legal standing lawsuit. Be Blessed! S.A.Good one. Always use the state bar when an attorney goes out of bounds.If an attorney lies to you or takes an action that is clearly fraud - like filing a lawsuit when arbitration has been elected, file a bar complaint against them. They will think twice before doing it again. Link to comment Share on other sites More sharing options...
DrowningInDebtGA Posted May 9, 2010 Author Report Share Posted May 9, 2010 I just have to say that y'all ROCK! And without this website I would have gone in there with my pants around my ankles!Thank you, again!! Link to comment Share on other sites More sharing options...
Massive Posted May 9, 2010 Report Share Posted May 9, 2010 Great job drowning...I won a default judgment against Chase Bank on April 21st because the Plaintiff didn't show. In my state they have 30 days to appeal, and the last day to appeal the decision is May 14th. I was not able to get it dismissed with prejudice, so I am fully expecting them to refile, but I have some good ammunition on my side - I paid almost $450 for all of my fees and the arbitrator was so ticked that they didn't show up that she awarded me fees when I didn't even ask. So if they don't appeal and try to file another suit after May 14th, I'll have all of the documentation ready and will also have the judgment that says they owe me money. And they have a few other questions that they will have to answer. I have a few friends who are pretty high up in our county and they are lawyers. I ran the situation past them and they said that the courts will question them why they are filing against me again when they already did and it's not their problem if they didn't show up. I had to pay a $197 filing fee when I filed my answer, plus pay half of the arbitrator fees. I was fine with it, but since I won the judgment and was not expecting to get my fees back, it was recommended by one of the county attorneys to just let the judgment sit there and if they try to file against me again, the courts will see that I have a judgment against Chase Bank and the court sometimes will tack on interest and penalties for them not paying the judgment when ordered to. Would love to turn Chase over to a collection agency and let them experience the other end of it.Anyway, a hearty congratulations for the win and watching them walk out of there with their pants around their ankles. They got a taste of their own medicine. You have a judgment against them Oregonactor, they are done messing with you!! You rock!! Link to comment Share on other sites More sharing options...
SeaStriper Posted May 9, 2010 Report Share Posted May 9, 2010 Great Job GANG!!!!ccArbitration Dot Com Link to comment Share on other sites More sharing options...
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