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How do I ask for a case to be dismissed WITH Prejudice?


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Following up on my situation -

I'm set to appear in court tomorrow against Citibank. I really dont have a defense. I was just going to go to court and tell the Judge my situation.

But I decided to check court records today, thinking there might be a a default judgment or something (because I didnt send a trial brief in).

Imagine my amazement to see this :

FAX FILING RECEIVED (191)

*NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE.

I'm assuming their "witness", who is Custodian of records, isnt gonna be there so they filed for dismissal.

I'm really pissed off now. Not only have they wasted my time ( I could have moved and started working by now if it wasnt for being sued), but they kills off SO MANY TREES to mail me my Discovery and the Exhibits. Not only that, but by Dec they had Hard hits on my credit report. I dont want to know how many more times since Dec they have done a Hard request on my TransUnion report.

What do I need to do to get a dismissal WITH prejudice? I dont want them to try to sue me again when I'm not here, because I move on the 25th.

So what do I do? :x

BTW I still plan on going to court tomorrow. Maybe the Judge will get mad with the last min filing and dismiss with prejudice? lol!

Edited by yunnie
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Since they are withdrawing they have given you the gift of time to learn how to put together a good defense.

In Michigan its my understanding that they cannot dismiss if you have a counterclaim without your permission, don't know what your rules say, if you walk in and shoot from the hip its hard to say what might happen

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