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Dormant lawsuits


ljny369
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Within the past 2 years I have had 5 lawsuits started against me, all Credit Cards. Lost my job and trying to keep food on the table and hold on to the house became the focus.

Filed answers and demanded discovery in all. 2 of the cases were dropped by the Plaintiffs and 3 have been dormant (no discover response from Plaintiff) for about 18 months.

Do I poke the bear....demand discovery answers, try to get the cases thrown out or just let thing stay quiet?.

Half way to the 6 year SOL. The Plaintiff are "represented" by the usual suspects written about here often.

Edited by ljny369
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At least where I live ROCP seems to have a dismissal procedure for lack of (or is that "want of") pursuit in a one year period (I just glossed over it since I had no applicable cases). You should check NY ROCP to see what it might have. Then you have to decide if MTD or waiting it out to SOL is better. My state also has a limit of two actions making a dismissal of the 2nd one effectively WP so getting the dismissal of the 1st puts things at the 2nd if they decide to go on with it.

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Thanks, found this: (N.Y. CVP. LAW § 3216 : NY Code - Section 3216: Want of prosecution) it looks on point but also looks convoluted and looks like they would be able to come back at me anyway.

I'm thinking a head on attack might be better. Make them give me what I asked for in discovery, make them work.

I am amazed that they start things and do nothing with them afterwards. I have one bank (Cap1) that since I stopped paying two and half years ago, they never sent a letter, and I never got a letter from a CA or anyone else on their behalf and to date they have never filed a lawsuit.

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Understand that in most states, the SOL is stopped while a lawsuit is pending so you are actually extending the SOL by allowing these cases to continue. Also, even with a dismissal w/o prejudice, they have to pay all of the court fees again to restart a new case. They just cannot restart the old case.

What I would do would be a MTD that is filed with the courts and a Motion to Compel that you keep with your for the time being. I say the Motion to Compel because you have sent a request for discovery and they have not responded. That will put you in the drivers seat.

If they allow the MTD, then the SOL clock starts ticking again. Yes, they can file again but that is a whole new set of fees and they will at some point have to answer your discovery. More likely than not however, they will not bother because you fight.

If they do decide to fight the MTD, you pull out the Motion to Compel and request that the plaintiff answer your discovery. That will put them on notice that you will fight and they will either answer your discovery and the case starts to move along or they will dismiss the case themselves.

You actually lose more my doing nothing at this point because of the tolling of the SOL.

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I went through whatever I can find and think that by filing of a lawsuit doesn't toll the SOL (put www in front of this nycourts.gov/reporter/3dseries/2005/2005_01697.htm) so if the case get dismissed, the SOL has kept running.

I think you may be right though, sitting around and waiting isn't doing me any good, I think I should go after them and make them work and get this over with.

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I went through whatever I can find and think that by filing of a lawsuit doesn't toll the SOL (put www in front of this nycourts.gov/reporter/3dseries/2005/2005_01697.htm) so if the case get dismissed, the SOL has kept running.

I think you may be right though, sitting around and waiting isn't doing me any good, I think I should go after them and make them work and get this over with.

I hope in the intervening time you studied up on how to win. I know it would turn out good in your favor. If they had anything they would have done it. I think you will win.

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As I understand on the overall norm is that if a suit is filed within the SOL, the SOL is not stopped, or tolled. But, as long as the claim remains "open", it will still have standing even if the SOL has since passed, including the OP's situation.

I would do as others suggested and file a MTD WITH prejudice due to plaintiff failing to respond within the parameters set by the court. By this, if the court allows 30 days and they have failed to respond to discovery within 31, the claim should be dismissed WITH prejudice. By doing so, you put the load on them to either present their proof, or go eat Maggot Droppings.

Do not take this as absolute. Do check your own state's statutes of court procedures to assure you do it properly.

"The stupid question is the question not asked." - me

I reserve all of my rights and waive none of my rights. - me

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That sounds like out here in Riverside County. They had some real problems with this a few years ago, and tried to fix it, but, it is still a mess. If I recall properly, it was due to too many civil claims awaiting trial, excessive continuances, that placed criminal cases to backlog. They dismissed several civil claims, placed more judges, and transferred to different courts. There were some 6th Amendment filings, but, only a few were ruled in favor of the person charged.

In short, if people could be properly instructed of court procedures, through the courts or their own research, could file a motion to dismiss for this very reason and would find that the courts could move a little faster, which could allow more claims to be properly heard and a proper decision made, no matter the decision. Instead, we have the courts so tied up, the average consumer, lacking total understanding of the procedures, being left in total darkness as to any recourse they may take to resolve in a fair and just manner. Then, to top it off, you can't call the court as they are only authorized to say you must "contact an attorney", and hang up. It is just wrong. Every person being sued should be allowed to pick up booklets, whatever, that explains in simple English proper procedures, such as timelines.

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Outstanding!!!!!

Are you able to get a copy of the dismissal? Was it with or without prejudice? Hopefully, it was with. Either way, know the SOL for sure. Then, if they do file a new claim, you can offer the SOL as a defense. If this does happen, let us know immediately. We'll guide you through the BS.

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The SOL has a while to run and it's the same for all. In NY it's 6 years, so I have another 3 to go before I can assert that. I am going to start reviewing to find cases that might throw a road block to them refiling. I know that is going to be hard though.

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With that being the case, look through all communications to see if they all comply, such as in their verbiage. For example, did they notify you in writing that they reported negative info? Did you receive, after receipt of 30 day letter, any letters within the 30 day window to dispute? What did they say? Had you filed a dispute they ignored yet filed claim?

Your goal is to find violations that you could use to offset claim, if not have it totally dismissed. Simply, you want the end result to be as you want it, not them, such as, you will pay a flat $500 total, and they must delete all negative info reported. You have many options available to you. Sit down with pen and paper and recall all that you can from beginning, and create a timeline from beginning to today.

Ask any question you may have and we'll see what you can do.

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If the FCRA violations have a one year SOL, then if there were any of those, are long gone, but I will take any advice you guys have, I might be missing something.

When I got a hint I was about to lose my job, I created a Google Voice account and changed all the Credit Cards contact numbers to that number. I wanted to spare my family and myself the onslaught of call. All, except one called the GV number. Even that one spurred me on to send C&D letters by mail and fax (from a free on line fax number) those C&D letters stopped the calls instantaneously.

GV plug: Not only can you stop the calls to your home, you can allow them through when and if you want. You get a complete log of who called and if you don't answer a copy and transcript of the message. You can also record calls you do answer. GV is free.

What kills me about these companies, is after not working for a while, I did get a job at a much reduced salary. After paying essentials, Mortgage, food, gas & electric, I had a little money left over each month. I wrote one letter addressed to them all and offered them all of what was left, divided among them all in proportion to what I owed over the course of X years. In addition to the letter, I created a free website where the could all see who would get what and who answered and how. I figured what I offered was about as good, if not better than what they would get if I went bankrupt.

Not one company answered. Not even to tell me to f off.

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The SOL on the violations begins on the date of injury. By this, if you just found you have been violated, you can move on it. Yes, they would most likely counter as to SOL has run, but, do not fear. The CA involved in my claim tried to use this and lost, and were fined by their state. No, I did not sue, as my goal had been to just delete and cease all activity on timebarred claims.

Also, never hesitate to claim a violation, even if a borderline claim. By this, if you claim a violation and they do not respond accordingly, either to deny or not, you can use to challenge their activities as not being within the statutes. There are many ways to challenge a debt. You must use all ways you can find.

Remember, your goal is to always resolve the claim that will benefit you the most, such as settle for $.10 on the dollar and complete deletion of all negative info reported. Why not take some time and read several other posts to see what others have done to resolve their dealings. Be creative.

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