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Harree

Filings after Voluntary Dismissal Without Prejudice

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I was sued by JDB for a credit card debt and it was not my account.  My name is not on the account and I was not a co-signer on the account. The account was charged off in a bankruptcy by a relative.  Then the OC tried to get me to pay it off.  I disputed it with them and they charged it off, sold it to one JDB, who sold it to another on the same day.

 

After the first pre-trial, with the help of a lot of folks on this site I put together a couple of motions, an affidait of denial and a motion to Quash their discovery since I was Pro se and there is a Florida rule that says they can't request it.  The first  judge ordered them to provide statements and a signed cc app. They ignored the order.

 

JDB moved for voluntary dismissal at 2nd pretrial conference.  I objected to no avail - I had filed a motion to dismiss with prejudice 11 days prior, but motion was to be heard at the pretrial (according to the clerks when I filed).  It was a new judge and a new attorney and neither one of them knew my case.

 

The only thing they filed were two BOS's, which had not detail at all and could easily have been thrown out. Even though there had been No evidence filed with the claim, the judge let them dismiss without prejudice - told me they beat me to the punch and had a right.

 

I have been looking at possible sanctions or appeals, but I don't think there is anything I can do. I do not want them coming after me all over again and the VD (good term for it!) extends the SOL for a year, or whenever the orignial SOL was, whichever is later.

 

Then yesterday I got service from the CA attorney's office. It was postmarked the day of the dismissal and filed with the court 3 days later.  One was a notice of filing an Account Statement and the other was Notice of confidential info within court file.  And, get this, the statement DOES NOT HAVE MY NAME ON IT ANYWHERE! 

 

Why would they be able to file anything after the dismissal?  Does it mean anything to my case, either now or later?  Should I do anything in response?

 

I would appreciate any insight you can offer.  Who knew I would be back on here so soon??

 

 

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