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Capital One - DISMISSED!


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So after several months of lawsuit and paper trails, I finally sent off the Motion to Exclude Evidence (after two unanswered BOPs) to the court with a copy, of course, to Cap 1's attorney. Well I picked up the mail yesterday and had a letter back from the attorney stating that they received the Motion, but had already dismissed the case. The next letter I opened from the court said my motion couldn't be filed because the case was in fact, dismissed!

Now I know I should be happy, and I am, but they dismissed it without prejudice, contrary to what I filed in my original Answer to the summons. Also, they filed for the dismissal back on June 29th, and the only reason I even found out about it was because of sending them the latest Motion. Aren't they suposed to send me something...like a proof of service to the court that they sent me a copy of their Motion to Dismiss?

I'm not sure where to go from here because 1, they can sue me again in the future, and 2, I still need to get it off my credit reports because we want to buy a house within the next 6 months or so, and it's totally dragging my score down. Should I offer them a settlement to delete, or would that just be supplying ammo for them to be able to sue me again?

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Congratulations, JessEA...! Sorry that the good news kind of blindsided you.

But glad it turned out well, just the same! :mrgreen:

Can JessEA file to recover the cost of court fees filed, since the case was dismissed? Or can you only obtain that when a case is dismissed w/predjudice?

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My credit report has it listed as a charge off by Cap One for somewhere in the $4,000 range (which is ridiculous since the card was a max $2,000 to begin with...all fees and interest).

I just really want it off before we attempt any house shopping, but I don't want to dig myself a hole!

And thanks for all the help I got on here, by the way! You guys are great!

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So after several months of lawsuit and paper trails, I finally sent off the Motion to Exclude Evidence (after two unanswered BOPs) to the court with a copy, of course, to Cap 1's attorney. Well I picked up the mail yesterday and had a letter back from the attorney stating that they received the Motion, but had already dismissed the case. The next letter I opened from the court said my motion couldn't be filed because the case was in fact, dismissed!

Now I know I should be happy, and I am, but they dismissed it without prejudice, contrary to what I filed in my original Answer to the summons. Also, they filed for the dismissal back on June 29th, and the only reason I even found out about it was because of sending them the latest Motion. Aren't they suposed to send me something...like a proof of service to the court that they sent me a copy of their Motion to Dismiss?

I'm not sure where to go from here because 1, they can sue me again in the future, and 2, I still need to get it off my credit reports because we want to buy a house within the next 6 months or so, and it's totally dragging my score down. Should I offer them a settlement to delete, or would that just be supplying ammo for them to be able to sue me again?

Consider claiming your costs of suit. You paid a couple of hundred bucks to file an answer unless you got a fee waiver. Once you are awared your costs, you can negotiate a reduction in the cost award for a dismissal with prejudice. Here is the form. Check the rule, you don't have much time to file this:

http://www.courts.ca.gov/documents/mc010.pdf

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Consider claiming your costs of suit. You paid a couple of hundred bucks to file an answer unless you got a fee waiver. Once you are awared your costs, you can negotiate a reduction in the cost award for a dismissal with prejudice. Here is the form. Check the rule, you don't have much time to file this:

http://www.courts.ca.gov/documents/mc010.pdf

Thanks Calawyer, your input is always appreciated.

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