oyImBeingSued Posted April 13, 2011 Report Share Posted April 13, 2011 I went to the court this morning to file proof that I served the plaintiff with the ruling date for my motion to compel (a step I didnt do the first time which caused it to be stricken...thanks to this group I learned the proper procedure)When I gave my papers to the clerk she said "this case was closed yesterday" and she showed me the motion which was to dismiss without prejudice.Do I have any recourse to ask that it be dismissed with prejudice? also, how likely are they to refile? (they allege I owe $7000) Link to comment Share on other sites More sharing options...
bmc100 Posted April 13, 2011 Report Share Posted April 13, 2011 I went to the court this morning to file proof that I served the plaintiff with the ruling date for my motion to compel (a step I didnt do the first time which caused it to be stricken...thanks to this group I learned the proper procedure)When I gave my papers to the clerk she said "this case was closed yesterday" and she showed me the motion which was to dismiss without prejudice.Do I have any recourse to ask that it be dismissed with prejudice? also, how likely are they to refile? (they allege I owe $7000)What state are you in?Check your states Rules of Civil Procedure.I found that the Plaintiff's attorney will cut corners and not follow proper civil procedure. Also,check to see if the OC sold the debt. I found cases in different states where the Attorney of CA will sue on behalf of the OC, but in reality the OC no longer owns the debt. Most states will allow a Plaintiff to file a Voluntary Motion of Dismissal without a court hearing. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted April 13, 2011 Report Share Posted April 13, 2011 If the case is off the calendar, there is little that can be done. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted April 13, 2011 Report Share Posted April 13, 2011 I would check your civil procedure statites and local court rules to be sure that the plaintiff could unilaterally dismiss its action. In my neck of the woods, the rules say that once there has been an answer to the complaint ( and I assume you answered) the action can be disconitnued only by order or stipulation of the parties ( and sometimes so-ordered upon the parties' stip). If this is the case, and the clerk took a paper it shouldn't have, you may want to contact the court with a polite " excuse me, but..." letter suggesting that you are fine with a stip so long as it is on prejudice or the matter should be restored so your motion can be heard. That being said, if this is a JDB that has the debt , and it is getting a bit long in the tooth, you may as well be happy and reckon you won't be bothered again. Link to comment Share on other sites More sharing options...
oyImBeingSued Posted April 14, 2011 Author Report Share Posted April 14, 2011 I am in Montgomery County Pennsylvania. I have been trying to find info on if they can do this, and if I can object as the case is actually closed... BTW aren't they supposed to serve me this? Also, they requested 6 months of bank records in October and they never returned them to me? I feel relieved that it is over, but the fact that it was done without prejudice means that I will not be able to rest easy until SOL is up. Link to comment Share on other sites More sharing options...
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