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Lawyer Dismissed the Case!


MadisonG
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First of all thank you everyone especially BV80 & Linda and everyone here in this forum for all your help and great info I couldn't have done any of this without this site and you guys (original post).

This all happened in 20 minutes. Of course I was ten minutes late for court & it was cold and pouring out. I walked in and the attorney approached asking if I was so and so and I said yes he then asked if we could go out into the hallway. He introduced himself as the original attorney Mr. Hocking, he began going through his paperwork & asked me if I had wanted to settle this before going back in.

I told him that I had explained to the other attorney that I did not believe that this is my debt & that I had showed him my TRW and how it didn't show this debt other then that the account was opened by Asses and then disputed and closed. He said he was not aware of that, I told him it probably doesn't matter anyways because you are going to win & get your judgment against me because I didn't have the time to file my MSJ. To my surprise he was actually really nice to me and he said if you need more time so you can file I have no problems asking for a continuance so that you could get it done. I was in shock that is great and he said no problem and we went back into court.

There was another case being heard and as I waited (it was about 5 minutes) he approached me again and asked me out into the hallway. He asked me if I had brought my TRW with me and I said yes and as I looked through my packet and it wasn't there I realized I had left it at home in the kinkos bag as I went and had it printed out late last night and forgot to put in my packet. But I told him that I do still have the USB that it is on in my purse. He said he didn't have a computer or lap top for me to go and look or print it out.

He asked me about my job & where I worked and I told him that I had a part time retail job. He pulled the statement out and asked me to look at it again to see if it would jog my memory and I told him that it didn't and I showed him how I didn't even think this is a real statement as I pointed that it didn't even have my address on it and it didn't even show it was a real printed statement for Citi.

I told him I looked through all my records to see if I ever had this card and I couldn't find anything hence me pulling my TRW. He said, well if it did show up on your TRW would it had then jogged your memory. I said it would have at least showed or given me a little more info regarding the debt then what you had given me.

He then called his office and asked the other person on the line if they had anything else on this and they must have replied no that all the had was that one statement. He got off his phone and looked through his paper work again and asked if I had remember him from a few years back. I said, well now that you mention it I do recall meeting you, yes it was from another cc debt in which at that time I did acknowledge that debt and we made payment arrangements and I paid it off.

Then out of the blue he looked at me and said do you think maybe one of you kids (I had two of my daughters with me) might have done this and I said that I didn't think they would do something like that and that I couldn't really ask because after one of my daughters lost her husband in Iraq in Jan things have been really difficult for us and we have had a lot of bad family issues. He then said to me that he felt it would not be worth his or my time to come back and go through all this again and that he believes me and that he will ask for a dismissal.

At that very moment I wanted to hug this man, but I just looked at him all teary eyed & said thank you, he told me when I go back in I would have to swear under oath and that would be it. We went waited a few minutes was called before the judge he told her that he felt that I was being honest with him and that I had been before him before and had acknowledge an old debt and paid it and that he felt that in this instance this case should be dismissed.

She had me put my right hand up to testify to what he said was true I did and she dismissed it with prejudice (whatever that means). I went out to the hall and waited for the paperwork and I gave him a hug and told him thank you and that I hope we never meet again. I have to say that Mr. Hocking actually was a very nice man (lawyer) and he didn't come off to be anything that I had expected.

Notice of Dismissal by Plaintiff

Stipulation to Dismissal

I stipulate to the dismissal of this case (checked off boxes) with all parties.

Order to Dismiss

Notice of Dismal by Plaintiff he signed it and then I signed it and at the bottom it reads.

It is ordered this case is dismissed with prejudice. Conditions if any, (he wrote in) defendant stipulates under oath that she did not open, use. or authorize the use of this credit card.

Edited by MadisonG
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I am glad it worked out. The paying the other debt had some value in these proceedings. Perhaps he realized the judge was going to rule your way. Courts sometimes publish tentative rulings on their websites, maybe he saw the direction the court was going.

You can check for tentative rulings and let us know.

Cogratulations on the win.

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Thats great to hear :mrgreen:, but can someone else now refile? Also a little confused on if it should have been dismissed with or without prejuidce or stop worrying & just be happy for the moment.

If Asset sells the debt, the new owner can sue, BUT you will have court papers showing that the case was previously dismissed with prejudice. That would be in your favor. Plus, the new owner (if Asset sells it) wouldn't have any more evidence than Asset did.

If it had been dismissed without prejudice, Asset could refile. Dismissed with prejudice is what everyone wants.

ENJOY! You won!

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I agree with other responders, yes you can be sued again if they sell the debt to another JDB. But as mentioned they will have nothing else on you than Asset did and it is almost unheard of a JDB who has bought a debt from another JDB (an alleged acccount sold multiple times since the OC had it) winning a case against a defendant (other than a default).

You should be happy and know that even if you are sued by another scumsucker that you will know what to do. Congrats to you!!!!!

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Thanks for the kind words everyone! And I wish the best for everyone in here, while I know I totally lucked out in this as things could have gone so wrong with the many many mistakes I made. But with everything its a learning process and I will be in here a lot learning so maybe I can be of some help to someone else and that way I hopefully to can give a little back.

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Thanks for the kind words everyone! And I wish the best for everyone in here, while I know I totally lucked out in this as things could have gone so wrong with the many many mistakes I made. But with everything its a learning process and I will be in here a lot learning so maybe I can be of some help to someone else and that way I hopefully to can give a little back.

After my own bouts with JDBs, I was relieved when the cases were dismissed, but I was also tired and angry. That's what led me to research and learn. Sometimes I can help, but other times I can only offer encouragement and support.

This site and the great members have been invaluable. Keep researching and learning. Study the basics that apply to most lawsuits no matter the location (proof of the debt, Bill of Sale/Assignment, etc.), but also become familiar with your own state's Rules of Civil Procedure and case law.

Hopefully, you won't ever need to defend yourself again, but you can help future posters. Also, you never know when a family member or friend might be on the receiving end of a JDB lawsuit.

BTW, yes you got lucky. BUT...you had also taken the time to do some research. As a result, you had an idea of what you were up against, and you showed up in court. You knew that Asset had no evidence, and you conveyed that fact to the attorney. That's to your credit. Good job!

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