Swatch Posted March 22, 2012 Report Share Posted March 22, 2012 Last year I was sued by FIA Card Services and they ended up Dismissing the case without prejudice, not exactly sure why, but I think it had something to do with the evidence that I attached to my Motion to Dismiss in Lieu of an Answer. Guess they thought I wasn't recording the phone conversations with their Associates. LOL Anyway, Well I was just served again by the same Plaintiff which is being represented by the same Attorney. I was wondering if I could use the outcome of the first case to my advantage some how? If so, how would I go about bringing that up?Any help would be great appreciated!! Link to comment Share on other sites More sharing options...
BTO429 Posted March 22, 2012 Report Share Posted March 22, 2012 Depends on the exact reason for the dismissal,, I would assume they probably did not have the proper evidence and now they think they do. Link to comment Share on other sites More sharing options...
Swatch Posted March 22, 2012 Author Report Share Posted March 22, 2012 Thanks for responding BTO! The only thing I can come up with as to why the Plaintiff Dismissed the first time (this is only an assumption on my part) was because what the original Complaint stated was not consistant with what the Associate with the Law Firm handling the case told me. That recorded phone conversation was what I submitted along with my Motion to Dismiss in Lieu of an Answer. So, I'm guess the Attorney handling the case didn't want to have to explain the inconsistancies between what was in the Complaint and what their own Associate had told me. Link to comment Share on other sites More sharing options...
Recommended Posts