elfmeros Posted March 13, 2011 Report Share Posted March 13, 2011 So my trial date is at the end of the month, but i just got a request for dismissal w/o prejudice in the mail from the plaintiff. What should i do now? I assume i should still show up for my trial? Does this mean for certain that they will not be there? I knew those bastards didn't have anything on me!! This proves it because they've had 8 months to get ready for this. Link to comment Share on other sites More sharing options...
Ezeigler Posted March 13, 2011 Report Share Posted March 13, 2011 I don't know if this is possible but can you get them to do it WITH/p? Without just means they can come back at you at a later date. I am a novice here so I guess I culd be wrong. This does look good though. Link to comment Share on other sites More sharing options...
VADebtor Posted March 13, 2011 Report Share Posted March 13, 2011 How have you been handling this case? Are you ready for trial? You probably need to check the rules of the court to see whether they can dismiss without your agreement, and write them offering to dismiss with prejudice. Link to comment Share on other sites More sharing options...
nrgins Posted March 13, 2011 Report Share Posted March 13, 2011 I guess they want to keep their option open to refile. If it were me, I'd accept it, rather than object and go to trial.In response to whether you should show up to trial: YES!! Unless the judge grants their request for dismissal and turns it into an order (i.e., dismisses the case), what they sent is nothing more than a request. It has no meaning unless the judge grants their request.Thus, until the judge grants their request, you should plan on going to trial. Of course, he could grant it the day before trial. But you can check your court's web site or call the court clerk and find out.But until you have definite confirmation that the case has been dismissed by order of the judge, you need to show up at trial. Link to comment Share on other sites More sharing options...
antiquedave Posted March 13, 2011 Report Share Posted March 13, 2011 Did you have any counter claims? if so they probably need you to sign off otherwise you could press for a hearing on the counter claim before dismissal, if no counter claims the judge may be able to just accept the dismissal.I have become a fan of counter claims, and I think that any and every one that applies should be included, especially on smaller amounts when the counter claim may yield a greater fine than what they are suing you for.If it were me I'd have to consider going in to the courtroom and asking for a directed verdict, and then having my own MSJ ready, if they do not have documentation, and have filed a frivilous suit and also have a history of filing and then dismissing if there is a challenge it seems you have options for suing for malicious prosecution, maybe something related to fraud, if I got a case dismissed with prejudice I'd be suing. Link to comment Share on other sites More sharing options...
fightemdontfold Posted March 13, 2011 Report Share Posted March 13, 2011 They obviously have nothing to come forth with in court to prove their claims, like you said. I would go for the throat, I wouldn't let them off easy after leaving you in limbo for 8 months (still blown away by how long these idiots are allowed to let things just sit). I would say you probably have little to lose if you reject their offer for dismissal without prejudice, demand it be with prejudice. If they are trying to get out of going to court on the date that has been scheduled they obviously are not ready to take it to court. I would like to think that any judge who looks at your case and sees that they have been given ample time and now are trying to end it would rule in your favor that these fools should not be able to put you to more trouble in the future.With it being 8 months, I would not settle for not at least trying to get it dismissed with prejudice. I say if you take it to court they will then argue there to have it dismissed without prejudice in a worst case scenario, they are not prepared to come forth with anything, let the judge decide their fate and make a good argument as to why they shouldn't be able to do this to you again. Link to comment Share on other sites More sharing options...
elfmeros Posted March 13, 2011 Author Report Share Posted March 13, 2011 thanks for the replies guys! i love this community.is there an official form that i need to fill out to reply to this? or should i fill out my own request for dismissal, but w/ prejudice? i think i am ready for trial, because i KNOW that they have nothing on me and i can basically just show up. would denying their request be a good move because they are definitely proving they have nothing by it being so long and they still aren't ready?how have other people responded to requests for dismissal?i looked up the case number on the official website and they actually first set this in motion 11 months ago! i was served 8 months ago.11 months and they are requesting dismissal! they are clearly showing their hand! Link to comment Share on other sites More sharing options...
calawyer Posted March 14, 2011 Report Share Posted March 14, 2011 My guess is that the clerk has already entered the request for dismissal.One thing you should consider is asking for your costs as the prevailing party in the case.Here is a post discussing the process:http://www.creditinfocenter.com/forums/showthread.php?t=294033&highlight=memo+costsThere are probably many other posts on this subject because I always urge people to do so. It is a big deal for a JDB to wind up paying you money in its collection action. You may even be able to "trade" a cost award for a dismissal with prejudice. Search for my name and "cost memo" or "memorandum of costs" and you should find other posts.Good luck. Link to comment Share on other sites More sharing options...
elfmeros Posted March 16, 2011 Author Report Share Posted March 16, 2011 yep, their dismissal is now official: "DISMISSAL OF ENTIRE ACTION OF ALL PARTIES AND ALL CAUSES OF ACTION WITHOUT PREJUDICE"i'm going to look into your advice right now, calawyer. thank you! Link to comment Share on other sites More sharing options...
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