Jump to content

Plaintiff to take Nothing


Recommended Posts

Hello! Probably a silly question here, well it might be a couple silly questions. I recently had a trial date with a JDB.

In short, after the judge took the case under submission, I got the letter in the mail from the court saying the judgement was entered as Plaintiff to take nothing by virtue of the complaint. This is all that was stated. It did not say why this decision was made (not that I am complaining! I was just curious), if it was with or without prejudice (I did not think to ask for with prejudice in the answer or at trial), nothing. Just that the case was disposed by judgement, plaintiff to take nothing by virtue of the complaint. So my question is...

What does virtue of the complaint mean? This was a civil case, do judges send a seperate more detailed document relating to the decision of the case or is this something that you ask for?

Also, it was within the SOL when they filed but now the debt is too old as it took a whole year to get a court date. Can they try to re-file or will they just sell it off to another JDB. Do debt collectors ever re-file after a case is dismissed even if it is without prejudice?

All I did was answer that I never signed a contract with the plaintiff, therefore the plaintiff can not sue for damages relating to a breach of contract. I never sent them any discovery, interrogaties (sp?) or other things that I have read about doing on this site as I thought that was too much work... although they came back at me with statements, bill of sales and affidavits... so I hope that was enough information. I am glad it was disposed but I am just hoping that I don't have to go through this again. This company is pretty nasty...

Link to comment
Share on other sites

A simpler way to explain this is to say that you won the case based on its merits. This is better than a dismissal because the JDB and any other one down the line has lost all use of the court system to collect the debt. If they try to contact you, you can tell them where the shove the debt and they cannot do anything about it.

Keep that file on hand because another JDB may try to sneak something by the court if you are not careful.

Link to comment
Share on other sites

LOL, just read an article a few weeks ago where the owner is doing just that. They are now keeping track of people that send ITS letters and don't follow up and actually sue.

Basically a new part of the service to tell the collectors which bluff to call.

Link to comment
Share on other sites

I don't bluff, You pays your money, you takes your chances!!!

Oh I'm with you !! You get an intent to sue from me (lucky if you even get one) and ignore it, you invitation to Arkansas will be delivered a few days after the last day to settle was given in the intent to sue letter.

Link to comment
Share on other sites

All of this amazes me. Were they hoping that I not show up? They came up with a nice stack of paperwork. The judge commented on that and I started balling. I know...that's pathetic but I thought I would have to end up paying money to these liars.

Link to comment
Share on other sites

Nice going. You did win. And when the court enters judgment it does not do so "with prejudice" or "without prejudice". It is a final decision on the merits that can only be reversed on appeal (which JDBs rarely do).

You should claim your costs. At the very least, you should be able to get back the $200+ you paid to file an answer to the complaint.

Link to comment
Share on other sites

All of this amazes me. Were they hoping that I not show up?

Yes, that is basically a junk debt buyers only strategy. They can't win on the merits and evidence (you just saw that first hand) when somebody fights back, so they hope you get cold feet and don't show.

They came up with a nice stack of paperwork.

Yep, only problem is, it was not talking paperwork. I guess the cat got the paperwork's tongue? So what did the paperwork say to you when you cross examined the paperwork. Exactly how does a piece of paperwork raising their right hand and taking the witness stand work?

The judge commented on that and I started balling. I know...that's pathetic

I'd take being a balling winner over a cool as a cucumber, sharply dressed and fully composed loser any day of the week.

Ever heard the phrase "scoreboard baby" used in sports when one team totally dominates another team in every possibly way, but still loses the game?

My motto in court is call me anything you want or think anything you want to about me. But the one thing you're dang sure going to refer to me as, after the case is over is, the winner that just kicked your a$$ all over that courtroom.

Link to comment
Share on other sites

I filed a waiver so I believe they had to pay those costs anyway, correct? Maybe I am wrong..they told their lawyer to add $200 to her costs because there was a waiver involved....

They could not send one of their own for some reason, so they hired a "substitute" lawyer who said she is at the court every morning to fill in for these cases. She was actually pretty nice.

Well I have to thank this forum for helping me with the answer, I read through alot of threads so I could do this Pro Se.

I sat through a couple default judgements for Portfolio and one win for CACH (the defendent was an eldery man that looked really confused).

So you guys are great thanks! xdancex

Link to comment
Share on other sites

What they probably sent was a person that is just out of law school (no more than a year or 2) who needed court room experience. The senior lawyers know that these cases are either outright wins or loses anyways so they send the least experienced lawyer. That is why some of them make the mistakes that they make. That is why pro se defendants are also not at much of a disadvantage and they would make you think. The only difference between them and you is that they paid $100,000+ to learn those procedures and had a judge critique their actions before they got into a court room.

As for the paperwork, a stack of papers as high as Mount Everest may not prove a case. Court is the one place where quality is more important than quantity. One piece of paper can be a slam dunk win if it is quality evidence and 1000 pieces of paper can be nothing once you are in a court of law.

Congrats on your win. It is a real win and the holy grail of those who are fighters here so revel in it.

Link to comment
Share on other sites

Court is the one place where quality is more important than quantity. One piece of paper can be a slam dunk win if it is quality evidence and 1000 pieces of paper can be nothing once you are in a court of law.

Well said and that response could be copied and pasted into about 3/4 of the new threads that are started by first time posters that were just served with a lawsuit.

Link to comment
Share on other sites

What they probably sent was a person that is just out of law school

This is so true. Do a search for these law firms and see who works for them. Most of them have only been lawyers for a couple of years. This is the legal equivalent of an entry level job for law school graduates who were in the bottom ten percent of their class. I've seen them in court.....stuttering, stammering, nervous idiots who have absolutely no understanding of what they are there to argue. It becomes painfully obvious that they either did some last minute research or that their notes were prepared by the senior lawyers at their firm, who aren't much better. They ramble on and misstate case law while the judge stares at them in boredom. Then the pro se stands up and decimates their argument in a couple of sentences, and the judge nods his head in approval. Their cases fall apart because of what Tom Cruise said in A Few Good Men; it doesn't matter what I think, it only matters what I can prove. When push comes to shove, they can't make their case. Pro ses sometimes get caught up in the reverse scenario, forgetting that they do not have to disprove the other side's case, altho that is nice if you can do it; the Plaintiff has to prove HIS case. Your job as a defendant is to act as your own virtual criminal defense attorney. Challenge every piece of evidence or the lack thereof. Either one can result in a win. Missing the one critical document, Mr. JDB? You lose.

Link to comment
Share on other sites

What they probably sent was a person that is just out of law school (no more than a year or 2) who needed court room experience.

I was personally insulted with what the law firm sent to court. I felt it made me look like the A holes in high school that would pick on the special ed or mentally challenged student.

It got so bad the judge actually apologized to the other side. He actual told them to not take all his rulings personal and he understood "They were just playing the hand they had been dealt." :ROFLMAO2:

Translation- You suck and I know it, but I still like you, you're just losers.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.