JessEA Posted July 31, 2011 Report Share Posted July 31, 2011 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? Link to comment Share on other sites More sharing options...
jackson212 Posted July 31, 2011 Report Share Posted July 31, 2011 what is showing up on your credit report?a judgment or delinquent reporting?how much is owed?chargeoff may still show up on your report for quite some time Link to comment Share on other sites More sharing options...
tigger Posted July 31, 2011 Report Share Posted July 31, 2011 Congratulations, JessEA...! Sorry that the good news kind of blindsided you. But glad it turned out well, just the same! 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? Link to comment Share on other sites More sharing options...
lheart Posted July 31, 2011 Report Share Posted July 31, 2011 She should be able to file to recover cost. Link to comment Share on other sites More sharing options...
JessEA Posted July 31, 2011 Author Report Share Posted July 31, 2011 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! Link to comment Share on other sites More sharing options...
saint al Posted July 31, 2011 Report Share Posted July 31, 2011 I would send a copy of both the attorney's and the courts letter to the CRA asking that they delete the trade-line as liability was not proving based on the evidence you're sending. Be Blessed! Link to comment Share on other sites More sharing options...
calawyer Posted August 1, 2011 Report Share Posted August 1, 2011 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 Link to comment Share on other sites More sharing options...
lheart Posted August 1, 2011 Report Share Posted August 1, 2011 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.pdfThanks Calawyer, your input is always appreciated. Link to comment Share on other sites More sharing options...
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