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I THINK I'M GOING TO GIVE UP


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I had my case dismissed w/o prejudice in December. I filed my memorandum of cost soon after the dismissal. The plaintiff filed some bogus letter for denial, not a motion to tax cost, so I filed a judgement of dismissal beginning of January. What I did not do was file a proof of service with it to send to plaintiff. So I went to the court house today to re-file with proof of service and was told by the clerk that it would cost $400 to file an ex parte to have the judge sign it :confused:. I am at the point where I might just say forget it.

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When I saw the topic I thought I'd see the usual, I just want this to go away so I'm going to pay them or I know I will lose in court.

Sucks not getting your costs, but they folded and you beat them. I'm sure tons of posters and those that have visited would gladly change places with you.

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When I saw the topic I thought I'd see the usual, I just want this to go away so I'm going to pay them or I know I will lose in court.

Sucks not getting your costs, but they folded and you beat them. I'm sure tons of posters and those that have visited would gladly change places with you.

I hope for the best for all individuals that are going through this dreadful ordeal. I am grateful that it was dismissed, but I was trying to shoot for my cost. It was hard for me to pay the filing fee as well as the cost the judge ordered me to pay the plaintiff. I was off work for summer time and could not receive unemployment because of reassurance to go back to work. I was already sad and depressed because I did not know which way the case was going to go.

Sorry for the dreadful story, don't mean to rant. I am going to look at it like this, the case is dismissed and not worry anymore about my fees.

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why did the judge order you to pay the plaintiff anything? if it was dismissed w/o prejudice that seems really bogus. that means they didn't prove their case or just dropped it and dont deserve anything. How did this all get away from you? This money they owe you? Is it that difficult to collect it? Maybe someone here can help you with that letter you got and maybe that employee is wrong. I wouldn't give up if I were you. And to anyone else I would say don't let the courts get away with this stuff. Keep after it. Don't wait too long to try and collect. I don't know much about it because I didn't pay any fees in my case but if they didn't win then why should you get stuck paying fees to defend the lawsuit?

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My post was actually a compliment to you for beating them. I was just pointing out how well you did compared with the numerous posters and visitors that get beat or really just give.

Thank you so much. I just went on and on lol, and did not thank you. for the compliment.

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why did the judge order you to pay the plaintiff anything? if it was dismissed w/o prejudice that seems really bogus. that means they didn't prove their case or just dropped it and dont deserve anything. How did this all get away from you? This money they owe you? Is it that difficult to collect it? Maybe someone here can help you with that letter you got and maybe that employee is wrong. I wouldn't give up if I were you. And to anyone else I would say don't let the courts get away with this stuff. Keep after it. Don't wait too long to try and collect. I don't know much about it because I didn't pay any fees in my case but if they didn't win then why should you get stuck paying fees to defend the lawsuit?

She told me in a nice way when I asked her a question about filing the form, "I just file whatever you give me" i'm like are you serious? and she continued to read over the recent filed info in my case to get a better understanding of why I am filing. I told her that I filed a memorandum of cost and the plaintiff did not motion to tax cost so I was informed to file a judgement of dismissal. She then looked up how to enter the judgement of dismissal and went to anther employee to make sure she would enter it correct and told me that it was an ex parte and I would have a filing fee of $400 just to have the judge to sign it.

After all I have learned from site and others, the clerk is suppose to enter the judgement right away to my understanding.

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don't get your money back.

I know it is crappy but you do have some solace in knowing that you kicked them where He split them.

Good Job.

LMBO, thank you seadragon. That is correct. I'm like oh well I did get the dismissal and no wage garnishment as well as no more headaches and worries.

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I have a suggestion. Though I don't know if this suggestion would be worth it (financially or stress-wise), but I believe it's a choice available to you, if you are interested in going this route.

You may be able to send them an "ITS" letter...(Intent to sue). If anyone w/knowledge of this is available, please weigh in on if this is correct information or not.

With the letter, you'd let them know they *are* liable for the costs, cite the applicable CA civil codes, and tell them you intend to sue them for the costs (if they don't honor them) in small claims court.

I'd only recommend taking this course "if" you are willing (and able) to follow-through and sue them in small claims court.

OR

(this is the meaner choice, and would require research and work on your part)

I don't recall the specifics of your case, (what evidence they had, etc.)...do some research, find out any applicable violations they've made (i.e. FDCPA, Rosenthal, etc.) let them know in an "intent to sue" letter that you are currently interviewing local attorneys interested in taking your case on such violations to Federal Court and suing on those violations.

In the letter, tell them you'd be willing to consider the violations they've made water under the bridge, and move on w/your life....if they immediately send you a money order for your costs. (The check option ended when you had to ask again).

But tell them if they don't take advantage of your rather patient and generous offer to look the other way on the Federal infractions they've made in your case, they could quite soon be out lawyers fees, the cost of an FDCPA infraction ($1000), possible punitive damages, and any other applicable costs that a skilled attorney would likely ask for in court...

Tell them the choice is theirs--but if you were them, the nominal fee you've patiently asked of them (for the costs), would seem the smarter, and wiser choice. Set limits and boundaries. State when you need to hear by, before you will move forward with handing off to an attorney.

;)

Let us know what you decide. I'd totally understand if you decide to cut your losses, and not pursue these (or any other options).

p.s. for the community:

if my advice is in any way flawed, any one is welcome to say so, so that mollymai doesn't do something she should not.

Edited by tigger
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...list from this site, of FDCPA attorneys that filed the most FDCPA suits:

Lawsuits Against Creditors Reach Record Levels

Check the ones in CA. If you drop any of those names in a phone call or letter, I have a feeling that they may take your "concern" over the money, a tad more seriously.

JDB's will sue at the drop of a hat (w/or w/out proof)...But they are reluctant litigants when being sued. ;) I've read that quite frequently, they'd rather write a check than to take the chance of being hauled to court (or eventually being billed for an attorney's fees).

Good luck, and again--let us know what you decide to do. :mrgreen:

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