genesplitter Posted March 24, 2011 Report Share Posted March 24, 2011 (edited) I was sued last year by Livingston Financial, LLC. I was extremely scared but I ended up finding this forum and learned that I was supposed to do things like file an Answer, do Discovery, etc. I did the things I learned from this forum and after 6 months the lawyer dismissed the case w/o prejudice. Thank you so much for all the wonderful information on this forum!Last month I got another dunning letter from Livingston Financial, but from a different lawfirm, Nelson & Kennard in Sacramento. I sent back a DV (I learned about DV too late the first time). My question is this - can I somehow change the plaintiff's dismissal to "with prejudice" before the next summons. I am 100% sure another summons is in the pipeline as Nelson & Kennard are a lawsuit factory.Assuming that I cannot get the court to change the dismissal to "with prejudice", are there any strategies I can argue about a "frivolous case" or ask for sanctions.Thanks,CA Edited March 25, 2011 by genesplitter Link to comment Share on other sites More sharing options...
fightemdontfold Posted March 24, 2011 Report Share Posted March 24, 2011 First thing, you really have no way to get it changed from without prejudice to with as a judge has to determine that and the time to argue for with prejudice was at the hearing (I assume you had one when it was dismissed) for the dismissal.Is this for a credit card?? From what I have read it is, while not unheard of, very rare for them to come after you a second time, the same company that is, if the case was dismissed. Weird that they would see that you are not an easy default and try again, what a bunch of donkeys.Depending on the circumstances, again not sure what they are suing you over (credit card,etc) but if the case was dismissed once before I would definatly research into filing a counter claim against them, especially if you are expecting to be sued. You already know how to counter them, so that will be easy to do again, you can spend your time, if you have it, looking into the ends and outs of filing a counter claim. What nerve to put you through 6 months of that garbage only to dismiss, then they file again.Did they state why they chose not to pursue it, what evidence if any did they produce the first tim??. I am just wondering if there might have been a break-up between the company suing you and the lawyers. I guess that is a possibility. Link to comment Share on other sites More sharing options...
Chapel Hill Posted March 25, 2011 Report Share Posted March 25, 2011 From what I have read it is, while not unheard of, very rare for them to come after you a second time, the same company that is, if the case was dismissed. You already know how to counter them, so that will be easy to do again, you can spend your time, if you have it, looking into the ends and outs of filing a counter claim. What nerve to put you through 6 months of that garbage only to dismiss, then they file again.=============================================Mikey Hunt, that Brachfield babe from socal and a group of 4 other law firms from the OC routinely file dismiss and re-file. The sac players are bit players but being sued is being sued. ======================================================If you're in the area of the Fallon courthouse go in an yank a copy of Roth v that big bank that was in da city. Read the pleading carefully. That's your cross. Dude plaintiff is an esq from da city officing in oakland. His work is very tight. Best I've seen. Look at this motion pleading. It's like paying $650 an hour for a law firm partner. Very strong pleading. If I had frat, family or a friend being sued on a collection case in Cali I'd straight pass them to that case. You have a strong likelihood of success and by following this path you're guaranteed at least $4500 and a DISMISSAL WITH PREJUDICE ending this bs forever. Link to comment Share on other sites More sharing options...
genesplitter Posted March 25, 2011 Author Report Share Posted March 25, 2011 I'm pretty certain that the JDC has no idea they sued me last year. They simply farm out their accounts to a group of law firms around California (and the country). There never was a hearing about having the case dismissed. I found out by calling the court to verify my Case Management date was still scheduled and the clerk told me it was canceled because the plaintiff dismissed the case. The OC is US Bank (credit card). I guess I'll just defend myself again and this time I'll add a counter-claim (not sure for what though). Link to comment Share on other sites More sharing options...
Chapel Hill Posted March 25, 2011 Report Share Posted March 25, 2011 If you can't find the Fallon courthouse, do a name search, acquire the case number, print the case, read it and apply what you've read, you might want to reconsider filing a cross-action. You'll be expected to articulate the basis for your actions in open court. If you dont think you can do that you might want to do another search to find lawyers and/or law firms who have beaten your plaintiff at trial. Link to comment Share on other sites More sharing options...
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