Barney Posted August 29, 2012 Report Share Posted August 29, 2012 Today received a Motion to Dismiss with Prejudice from the Plaintiff that they say they sent to the court. DID I WIN OR COULD THIS BE A SET UP!> Any Ideas Link to comment Share on other sites More sharing options...
Savoir Posted August 29, 2012 Report Share Posted August 29, 2012 Verify that they sent it to the court ....... if they did ....... and the judge signs it ......... congratulations !! You won! Link to comment Share on other sites More sharing options...
Barney Posted August 29, 2012 Author Report Share Posted August 29, 2012 Do I just call the court, do they tell you over the phone. This copy is not signed so I am still not jumping for joy.. At least not yet. If I won all of you who have helped I wish I could shake you hand. Link to comment Share on other sites More sharing options...
usagi555 Posted August 29, 2012 Report Share Posted August 29, 2012 Yes, be very skeptical. It's a line that most attorneys won't cross, but you never know. Call the court. If you cannot get any help, show up tomorrow and ask to see the case file. Sometimes judges won't sign that stuff for a while, but if it's a MTD and you aren't opposing, the judge will eventually sign it. Link to comment Share on other sites More sharing options...
chrisbbadd Posted August 29, 2012 Report Share Posted August 29, 2012 If it's not legit, then it's a FDCPA violation. You are looking good! Link to comment Share on other sites More sharing options...
BTO429 Posted August 30, 2012 Report Share Posted August 30, 2012 Most of the time when the plaintiff file a MTD is without prejudice. That way they can refile when they think they have more proof.Are you the plaintiff or defendant? If your are the defendant and they want to go MTD with prejudice I wouldn't argue, but I bet once it gets notice by the Plaintiff they will file a motion to amend and correct it. Link to comment Share on other sites More sharing options...
BV80 Posted August 30, 2012 Report Share Posted August 30, 2012 Today received a Motion to Dismiss with Prejudice from the Plaintiff .Congratulations!!! Link to comment Share on other sites More sharing options...
usagi555 Posted August 30, 2012 Report Share Posted August 30, 2012 Most of the time when the plaintiff file a MTD is without prejudice. That way they can refile when they think they have more proof.Are you the plaintiff or defendant? If your are the defendant and they want to go MTD with prejudice I wouldn't argue, but I bet once it gets notice by the Plaintiff they will file a motion to amend and correct it.They dismissed with prejudice on mine. Then again, they had no evidence and they outright lied to me during discovery, and I gave them a not-so-subtle hint that I was going to be asking for sanctions, including asking for a default to be issued in my favor when I called them on their shenanigans. Depending on the court system, sometimes they will dismiss with prejudice just to make the nightmare defendant go away.Then I was sent back to collections. Link to comment Share on other sites More sharing options...
Barney Posted August 30, 2012 Author Report Share Posted August 30, 2012 I did get an official copy signed by the Judge and the Plantiff sent me a copy in the mail today. Link to comment Share on other sites More sharing options...
rte Posted August 30, 2012 Report Share Posted August 30, 2012 CONGRATS! Now you're absolutely sure. Link to comment Share on other sites More sharing options...
Oarman1954 Posted August 31, 2012 Report Share Posted August 31, 2012 Way to go Barney!! Link to comment Share on other sites More sharing options...
Apeman99 Posted August 31, 2012 Report Share Posted August 31, 2012 That is great news. Good for you! Link to comment Share on other sites More sharing options...
Barney Posted September 2, 2012 Author Report Share Posted September 2, 2012 This site is so much enjoyable to read now that this is over, still waiting for any surprise with Capital one. I am still studying just in case even if I do not know what it would be. I was checking is Capital one can still try to collect even if a debt buyer can not. Link to comment Share on other sites More sharing options...
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