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I Owe EVERYONE On This Forum! - CASE DISMISSED!


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Had pre trial this morning. Judge struck the plaintiffs affidavit, then denied their MSJ. He told me he did not want to see this go to arbitration, because it very well could be "one sided"? He said although he would leave my Motion to compell arbitration open, to be ruled on at a later date.

 

He court ordered discovery giving the plaintiff 60 days to come up with proof that they own the debt, that the amount of the debt was correct, and that the debt was actually mine.

 

Needless to say they dismissed the case without prejudice.


Now I see on the docket there is a tickler set for 2 weeks out. Not sure what that is, but the SOL is up Feb 6th

 

I want to thank everyone here for all the help, and FANTASTIC information that got me through these last 6 months of battle.

 

I am not going anywhere I will still be here reading and learning I am not completely "clean" YET.....But One Down!

 

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I just thought it was strange the "tickler" date is the same date as SOL.

Not to be a downer, but sometimes SOL is suspended *during* a case.

So that might add more time to the SOL. Just saying.

 

I hope the tickler isn't them trying to stick it to you in the 11th hour.

 

Yes i think you are right just haven't looked into it at all yet.

 

I just thought it was strange the "tickler" date is the same date as SOL.

 

 

Show up at the Court date set two weeks out with a Court Order for the Judge to sign and try to get him to change it to Dismissal With Prejudice.

 

Good Job!!

 

HP

 

Thank you. Is the tickler date a court date?

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Yes, it's a court date.

 

Generally a tickler hearing is something the court will do when a matter needs follow up, such as to see if the case will go from the active docket to the dismissal calendar for closure. You as a defendant can't afford to take a chance that you may have missed something important in your case. You can call the court clerk or better yet go down to the court and ask the clerk to call up your file and discuss the tickler hearing.

 

It would be excellent to see the judge dismiss this ON the SOL date. Big win. 

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Not to be a downer, but sometimes SOL is suspended *during* a case.

So that might add more time to the SOL. Just saying.

 

I hope the tickler isn't them trying to stick it to you in the 11th hour.

 

I could be wrong, but, I think when plainitff dismisses, the SOL is NOT tolled (which means no pause button).  If this is the case, you should be good to go.

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Not to be a downer, but sometimes SOL is suspended *during* a case.

So that might add more time to the SOL. Just saying.

 

I hope the tickler isn't them trying to stick it to you in the 11th hour.

 

It is for the duration of the case then it is caught up when they dismiss without. So you are both right

 

I could be wrong, but, I think when plainitff dismisses, the SOL is NOT tolled (which means no pause button).  If this is the case, you should be good to go.

 

If the ruling is judgment for defendant that debt is gone like donkey kong.

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