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I WON I WON I WONNNNN!!!!


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I can't believe it!!!

I sat there and waited for the JDB attorney to finish his return date call for his other client, Capital One (30 names, all no-shows!) and then the judge calls me to the bench. I take all my files and notes up and the judge smiles at me and says, "your case has been dismissed, as the plaintiff does not have a witness." I couldn't believe it! So it was dismissed without predjudice. I can't believe it's over! I'm not sure if it was the MIL that I filed or just the fact that I wasn't a no-show...but I obviously called their bluff and it paid off.

Thanks so much for all of your help! If it wasn't for the advice and confidence I gained from this board, I probably would have been just another no-show, getting a default judgement entered against me. xxoo to everyone!!

PS - what now? Can I ask for my fees back? And do I need to file anything, or is it just done? I have an order of dismissal signed by the judge, but thats it. Thanks!!!!!!!

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Then out of the blue comes a 1099C (cancellation of debt) to be added to your taxable income.

Nope, not is she disputed the debt. You can't 1099 somebody on a disputed debt, or in other words, what debt? Actually she would be lucky if they did.

She would show the IRS the dispute and then sue the JDB for FDCPA violations. I am assuming there was a written dispute of the debt since the OP showed up in court.

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I can't believe it!!!

I sat there and waited for the JDB attorney to finish his return date call for his other client, Capital One (30 names, all no-shows!) and then the judge calls me to the bench. I take all my files and notes up and the judge smiles at me and says, "your case has been dismissed, as the plaintiff does not have a witness." I couldn't believe it! So it was dismissed without predjudice. I can't believe it's over! I'm not sure if it was the MIL that I filed or just the fact that I wasn't a no-show...but I obviously called their bluff and it paid off.

Thanks so much for all of your help! If it wasn't for the advice and confidence I gained from this board, I probably would have been just another no-show, getting a default judgement entered against me. xxoo to everyone!!

PS - what now? Can I ask for my fees back? And do I need to file anything, or is it just done? I have an order of dismissal signed by the judge, but thats it. Thanks!!!!!!!

Way to go!!!! Good job!:BigDance:

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It may not be over. Without prejudice gives them the option of filing again, or selling this account off to somebody else. Just be aware of this.

Is there any way to get the judge to change it to "with predjudice?"

I would hate to have to deal with this again, but at least I know what to do now....

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Nope, not is she disputed the debt. You can't 1099 somebody on a disputed debt, or in other words, what debt? Actually she would be lucky if they did.

She would show the IRS the dispute and then sue the JDB for FDCPA violations. I am assuming there was a written dispute of the debt since the OP showed up in court.

Kinda....I think that filing my appearance counts as a denial of all counts on the complaint. And I have my MIL filed also....

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Is there any way to get the judge to change it to "with predjudice?"

I would hate to have to deal with this again, but at least I know what to do now....

Check the civil procedure in your state for the rules. You might can file a MTD with prejudice after a certain period of time. I can in my state.

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Is there any way to get the judge to change it to "with predjudice?"

I would hate to have to deal with this again, but at least I know what to do now....

Congrats. Yes if you had to pay any fees, then by all means file for them. There should be forms for that on the court web site.

Sometime you can negotiate a dismissal with prejudice in exchange for the court costs fees you're about to recover.

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Sometime you can negotiate a dismissal with prejudice in exchange for the court costs fees you're about to recover.

The other side of the coin is if they have to write you a check because they filed suit against you, what is the chance they are going to try again? My thoughts are to always inflict maximum pain and aggravation, which for JDBs comes down to cash.

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The other side of the coin is if they have to write you a check because they filed suit against you, what is the chance they are going to try again? My thoughts are to always inflict maximum pain and aggravation, which for JDBs comes down to cash.

This ^^^^^^^^^^

I would lose no sleep over it. It's not like a witness had a family emergency or some other legit reason. You fought them, so they tucked tail and ran. It's built into their business model that a very few will fight. It's just a cost of doing business to every now and then have to dismiss one and eat the costs.

You've shown you will fight. Your no longer an attractive option to sue. Can it still happen? Yes, by all means it can. It is likely? in my opinion, no.

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I agree w/the others in that I doubt you'll be sued again.

JDB's are notoriously cheap--most are in it for the (potential) EASY money. In other words, collecting DEFAULT judgements. Any work required costs them money...so it's unlikely.

Congratulations on your win, panickattack--Good job! :mrgreen:

I hope you can recoup some/all of your costs.

:)++

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