Want of Prosecution judgement cap1-Texas

[energizer]

I have a " Want of Prosecution" judgement against me since October 2010 in Texas.

i need to understand is there anything i can do to have them change that in court.

i have below poverty level income for 2011 while just little above in prior years. i have received way too many phone calls (three four calls every month) since January 2011.

Im just tired of it.

Is there something i can do. What can i do to have them either issue me a 1099c for this prior year or the year 2010. i have called and asked and they say we r still interested in collecting.

[nascar]

I have a " Want of Prosecution" judgement against me since October 2010 in Texas.

Are you sure? "Want of Prosecution" generally indicates a dismissal for failure to prosecute the action. Texas courts are pretty quick to order these, too. Good for defendant, bad for plaintiff.

It's worth a second look to make sure you aren't misinterpreting something.

[Torden]

I have a " Want of Prosecution" judgement against me since October 2010 in Texas.

i need to understand is there anything i can do to have them change that in court.

i have below poverty level income for 2011 while just little above in prior years. i have received way too many phone calls (three four calls every month) since January 2011.

Im just tired of it.

Is there something i can do. What can i do to have them either issue me a 1099c for this prior year or the year 2010. i have called and asked and they say we r still interested in collecting.

Other option may be BK.

[energizer]

I have been told that they will not pursue anymore collections however, they do have phone calls to me expecting me to respond. Im very sure its want of prosecution. NO IF-N-OR-BUTTS-ABOUT-IT.

Good for defendant bad for Plaintiff? how so??.'

While under court lawsuit, a collection letter was issued stating if there was a tax refund coming to you, they would be willing to get paid. They meaning Cap1.

I like to see a tradeline removed completely from my credit reports? plz help???

Are you sure? "Want of Prosecution" generally indicates a dismissal for failure to prosecute the action. Texas courts are pretty quick to order these, too. Good for defendant, bad for plaintiff.

It's worth a second look to make sure you aren't misinterpreting something.

[nascar]

Good for defendant bad for Plaintiff? how so??.

Because "want of prosecution" means failure to prosecute. Courts don't grant judgments in favor of plaintiffs for want of prosection.

Either you're misinterpreting what you're reading, or you haven't yet realized that you've "won."

If you had a CAP 1 account, and you didn't pay it, you might consider being content with that for awhile. Having the Cap 1 account on your credit report is far less damaging than a judgment. Let the dust settle awhile.

[BTO429]

Want of Prosecution means that the Plaintiff did not do what

he or she was supposed to do, such as showing up for a hearing or trial setting, or failing to take certain specified actions, such as filing a motion to retain the case on the docket after the court had sent a notice of intent to dismiss for want of prosecution. Courts must give proper notice to Plaintiffs that they may dismiss a case. The notice will usually specify what the Plaintiff has to do

to avoid dismissal, such as serving the defendant by a date certain, or file a motion to retain and attach evidence supporting a good reason why more time is needed.

[energizer]

Here's exactly the order of dismissal issued by the local courts

Cap1NA v/S KJ ETAL county civil court law 2 Texas

Cause # 92xxxx

ORDER OF DISMISSAL

On this day came the above entitled and numbered cause of action. It is hereby ordered that the above entitled and numbered cause of action be DISMISSED FOR WANT OF PROSECUTION. Costs of court are assessed against the party incurring same.

Signed this 1st day of October 2010

Judge Signature

Lawyers of Plaintiff Address

Texas

Thats just how the order reads. Any suggestions/comments appreciated.

[usagi555]

Here's exactly the order of dismissal issued by the local courts

Cap1NA v/S KJ ETAL county civil court law 2 Texas

Cause # 92xxxx

ORDER OF DISMISSAL

On this day came the above entitled and numbered cause of action. It is hereby ordered that the above entitled and numbered cause of action be DISMISSED FOR WANT OF PROSECUTION. Costs of court are assessed against the party incurring same.

Signed this 1st day of October 2010

Judge Signature

Lawyers of Plaintiff Address

Texas

Thats just how the order reads. Any suggestions/comments appreciated.

You won.

[energizer]

Cap1 had a review of my last 3 yrs of tax returns and income thru my official lawyers who responded to every discovery answer and/or disclosures required before coming to this decision of ordering "WANT OF PROSECUTION". Cap1 had asked me if i had anything to offer them (even a $100) to have this case dismissed and i said NO BECOZ THEY HAD A FULL RE IEW OF MY INCOME AND ASSETS OVER N ABOVE MY TAX RETURNS.

i HAVE TRIED RETURNING TO MY RETAINED LAWYER and explain how can they still keep calling me for payment and not issue a 1099c yet, and my lawyers response is that it is not DISMISSED WITH PREJUDICE so they have retained a right to collect!!!!!!!

which also means they can call you to talk to you about your account!!!!!!..Its in no way a DISMISSAL of any kind. is that really true.

[usagi555]

It's a dismissal without prejudice. Yes, they can still try to collect, and they can even file another complaint against you. However, it looks like they saw that they were trying to collect from somebody who couldn't pay and decided not to rack up anymore billable hours. Expect harassment, but there's a decent chance that they won't file against you again.

[energizer]

Whats winning if they can still call you and harass you about the same account, and the tradeline is still on all 3 bureaus.

i dont feel anything like winning here. to me winning means

i have a 1099c in my hand for tax year either 2010 or 2011.

i have a tradeline removed from my CRA's.

I do not have to deal with Cap1 for this account anymore via phone calls or letters via US mail.

Sure dont feel i have won anything here? or does it??? explain

what part is not exactly understood by me here?????

You won.

[usagi555]

Whats winning if they can still call you and harass you about the same account, and the tradeline is still on all 3 bureaus.

i dont feel anything like winning here. to me winning means

i have a 1099c in my hand for tax year either 2010 or 2011.

i have a tradeline removed from my CRA's.

I do not have to deal with Cap1 for this account anymore via phone calls or letters via US mail.

Sure dont feel i have won anything here? or does it??? explain

what part is not exactly understood by me here?????

You don't have a judgment against you and probably won't have one against you in the future. They won't get anything out of you. They'll probably send the account to third party collection agencies, which you can learn to have fun with.

[energizer]

USagi555, i so totally understand your explaination. However, it seems from your explanations that the ball is completely in their court and they can say and do to choose however whatever they want to for as long as they see fit????

I know i know its the painful truth and after having retained lawyers and gone thru for atleast 2 years with them fighting this case it comes as a painful reminder as to what CAP1 or for that matter any OC has powers to do with their without prejudice judgement.

Now i have come to a realization that i should have never agreed to this in the first place and if i had pushed it as far as i know i could, i guess i would have them swalllow a " with prejudice " judgement.

Is there anything still i can do to change this judgement order into my favor???

CounterSue cap1 or for that matter make them change their judgement????

Not having a judgement like this is like having a Knife over your head lurking without you ever in a position to move and it may fall and kill you anytime you ever dare touch the knife or the thread its lurking on your head from???

Thats just as pathetic a decision i feel i made in this case.

Im really seriously mad and would love to have a shot one LAST TIME against cap1.

You don't have a judgment against you and probably won't have one against you in the future. They won't get anything out of you. They'll probably send the account to third party collection agencies, which you can learn to have fun with.

[energizer]

You cannot work on getting cap1 tradeline removed from all bureau with this judgement? can you? is it worth trying?

[1stStep]

You never had a judgment in the first place.

The case was dismissed. It will not help you get it off your CR.

If anything, disputing it puts you back on their radar...

[BV80]

USagi555, i so totally understand your explaination. However, it seems from your explanations that the ball is completely in their court and they can say and do to choose however whatever they want to for as long as they see fit????

I know i know its the painful truth and after having retained lawyers and gone thru for atleast 2 years with them fighting this case it comes as a painful reminder as to what CAP1 or for that matter any OC has powers to do with their without prejudice judgement.

Now i have come to a realization that i should have never agreed to this in the first place and if i had pushed it as far as i know i could, i guess i would have them swalllow a " with prejudice " judgement.

Is there anything still i can do to change this judgement order into my favor???

CounterSue cap1 or for that matter make them change their judgement????

Not having a judgement like this is like having a Knife over your head lurking without you ever in a position to move and it may fall and kill you anytime you ever dare touch the knife or the thread its lurking on your head from???

Thats just as pathetic a decision i feel i made in this case.

Im really seriously mad and would love to have a shot one LAST TIME against cap1.

Is the account yours and was the amount they claimed in the Complaint correct? When did you default on the account?

[energizer]

Yes the account is mine. its a combo of 4 different accounts 2 biz cards 2 personal lines of credit. Only the personal lines of credit is showing on all3 bureaus.

No the amount they claimed in the account was never really right. The lawsuit lasted nearly 2 yrs with " want of prosecution" judgement?

Is the account yours and was the amount they claimed in the Complaint correct? When did you default on the account?

[WhoCares1000]

The problem is that your lawyer could have been better in explaining this to you.

I assume this is your account although you dispute the amount and that you defaulted sometime in 2006 or 2007 (if indeed this case went on for 2 years).

What happened was that they filed for a judgement in court, you got a lawyer who filed an answer denying the debt and once discovery got started, the plaintiff (Cap 1) realized that you had nothing they could get their hands on AND they could not harass you with financial depositions like they do with Pro Se (persons who represent themselves in court) who have no clue what is going on. Once they say that, they just let your case languish and went after more profitable "accounts".

After some time had pass after the last document was filed or exchange occurred, either your attorney or the court realized that this case had been sitting around. The courts do not like that because it clogs their calenders and hence, require a plaintiff to move a case long. If the plaintiff does not move the case along, the case gets dismissed for "Want of Prosecutions" (which means the plaintiff has not paid attention to the case). A dismissal in this situation is "without prejudice" which means the court will entertain the refiling of the case should the plaintiff want to.

So the situation is that you won the case but under law, still owe the debt. That is why they can keep calling you. They can still sue you although I am betting that the Statute of Limitations has almost expired if it has not already as Texas has a 3 year statute. Even after the Statute of limitations has expired, they can still call you, they just cannot take the case to court.

As for the 1099-C, they can and will only send it if they meet a certain condition which requires it. You telling the creditor that you cannot and will not pay, therefore send the 1099-C will cut it. That is why they have not sent it. The courts have also ruled that sending a 1099-C does not stop collection activity either.

As for the tradelines, the stay on your CRA until 7 years has passed from the date of first default. Based on what I can assume from the story, that will occur between this year and 2014. I would not worry about it at this time and as long as they are reporting correctly, let sleeping dogs lie.

Can you stop the calls. That depends. If it is a JDB or CA calling you, send a Cease and Desist letter and that will stop the calls. If not, you will be able to go to your lawyer and he should be able to get the debt extinguished as well as get you $1000 in the process. If it is Cap 1 calling you, they have more rights under Federal Law but Texas is a consumer/debtor friendly state and hence, you may have rights under Texas State Law. You may need to research some of that yourself.

So when the others say you won, they mean that by the dismissal, you did not get a judgement against you (which is a good thing). However, the calls can indeed still continue.

[energizer]

very well explained!!!!!.The accounts which are four were combined into one lawsuit and was filed october 2008 which is 4 mos into chargeoff time. The want of prosecution rendered in October 2010.

So do i have hope of getting a 1099c this tax year. can i make them do that.

[Torden]

Why do you want a 1099-C?

For 2011 tax year, they need to provide the 1099C by January 31, I believe. The IRS tax form instructions might be specific on that (available for download at the IRS website).

[energizer]

It is indeed cap1 from their Irving Tx office calling me. Now to my knowledge they have sent me a document which requests collections of my tax refund while the lawsuit was still in progress. My lawyers had tried pushing for a dismissal with prejudice but it seems like that did not work. Now Texas has a 4 yr SOL to my knowledge from DOLA and what do u know is under texas debt law that can be pursued other then asking them not to call/harass by phone. can i really make them issue a 1099c without any harrassment from my side. really???????. i dont worry about phone calls from them becoz they only have 2 offices from which they call and i know once i have those on my block list it just dont matter.

[WhoCares1000]

If I were sure the debt was out of SOL, I would take that form asking for your tax refund and send it back to them with a not so nice note stating where they could file said form. But since I am not, the best advice would be for you to file that form in your circular file and forget about it.

The only people that can start to take assets without a judgement are the IRS, Sallie Mae, and County Child Support Units. Everyone else needs a judgement before they can take any asset. This includes your tax refund. Right now you do not have to send them anything. They do not have a judgement against you. End of sentence.

[energizer]

When you r self employed and have below poverty income a 1099-c helps in getting it realized/recognized on your tax return and is reported on schedule c where it can be offset with other major deductions. so as to pay as minimum a tax as possible. so is my case for tax year 2011.

Be done and over with on 1099-c helps. especially if the amounts on 1099-c can be double what you may have earned in the whole year..lol

Why do you want a 1099-C?

For 2011 tax year, they need to provide the 1099C by January 31, I believe. The IRS tax form instructions might be specific on that (available for download at the IRS website).

[KentWA]

Is this really Cap1 calling, or could it be a Collection Agency or Junk Debt buyer? Cap1 usually does not hang onto things after they get wrapped around the axle in court. From what I have seen from 2 family members cases, they ditched the debt within weeks of the end of the case.

If it is a CA or JDB calling, then send them a Cease and Desist letter to stop the calls. But be aware that if this is a JDB it is possible they will try to sue you then. But the good news is that you can learn right here how to beat them and turn it into a With Prejudice judgement so no one can come after you again.

[WhoCares1000]

I think you are missing the point of a 1099-C to begin with. The 1099-C adds to your income which causes your taxes to go up. Now with some deductions, you may be able to offset that added income that otherwise, the deductions would get wasted but that would be the only good thing. I think you are focusing on the wrong thing.

Also, unless your court win is the result of SOL, if you get a dismissal with prejudice (other than SOL) or judgement for the defendant (other than SOL), then reality is that according to the public, you do not owe that debt. Your opinion and that of the JDB may differ but the JDB cannot send a 1099-C for a debt that the public has considered that you do not owe (with the exception of SOL).

Otherwise, to make your life (or to make the life of anyone whom I want revenge on) miserable, all I have to do is sue someone in court. If I win, I get money from them even though they did not owe me money. If I lose, I can send a 1099-C and make their taxes go up on money that they never owed me.

I would stop focusing on the 1099 thing and let it fall where it may. You might be able to catch these JDBs/CAs in violation of state and federal law and then you can extinguish the debts that way as well as collect a little bit of money to help you out.