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JDB filed lawsuit in 2009


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First, I want to say Thank you to everyone on this forum. By using this forum and your great help with legal documents, in 2011 I went up vs  HOSTO and got the suit dismissed!  The case rocked on for a year and a half.  I even wrote an opposition to a summary judgement.  I feel my main reason for winning was..the lawyer didn't answer questions 1-4 in my admissions.  Claimed they didn't see those.  #3 Admit that there was no written agreement signed by the defendant, between the defendant and original creditor.  I hammered this as ADMITTED and the judge denied the summary judgement. Two weeks later, they dismissed.  It is now out of the SOL! :yahoo:

 

My question today comes from way back In Aug 2009.  First time EVER to be sued. We were both really scared, but I started reading here and it gave me the courage to fight. My husband was sued by Lamb for Midland. I used the stuff I read here and answered the lawsuit. I also send them a DV, prior to lawsuit. (because of this site) They never DV'ed. Instead filed the lawsuit. Long story short. I answered complaint. Nothing ever happened.  Well, I was young and am still dumb.  I was living by the rule that NO news is GOOD news.  The last action on this suit was my answer late 2009.  I live in good ol boy country.  Where you never know who has paid off or is friends with what judge. So, I am a little timid about calling the courthouse to ask about the case being dismissed because of lack of prosecution.  I never got a letter from the court, judge, or lawyer.

 

QUESTION...In Arkansas is this case dead, or just sitting there waiting for someone to bring it back from the dead.  Is there an amount of time that passes and the judge just throws it out?  I read after one year, in Arkansas Rules of Civil Pro. that a letter should have been sent saying...hey.  Do something here.  But we never saw a letter.  If this suit isn't dead, what do I need to do, to kill this. It is way past the 5 year SOL at this point. But not when this lawsuit started. *The only thing on his credit report about  Midland is *Consumer Disputes Account. This is from my 2009 DV letter or possibly the 2009 lawsuit.  So...for all those years, they just reported Consumer disputes, but didn't take it off or validate. OC isn't on the report anymore.

 

Thank you again for the advise. I really appreciate it!
 

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First, I want to say Thank you to everyone on this forum. By using this forum and your great help with legal documents, in 2011 I went up vs Equable Ascent Financial via HOSTO and got the suit dismissed!  The case rocked on for a year and a half.  I even wrote an opposition to a summary judgement.  I feel my main reason for winning was..the lawyer didn't answer questions 1-4 in my admissions.  Claimed they didn't see those.  #3 Admit that there was no written agreement signed by the defendant, between the defendant and original creditor.  I hammered this as ADMITTED and the judge denied the summary judgement. Two weeks later, they dismissed.  It is now out of the SOL! :yahoo:

 

My question today comes from way back In Aug 2009.  First time EVER to be sued. We were both really scared, but I started reading here and it gave me the courage to fight. My husband was sued by Lamb for Midland. I used the stuff I read here and answered the lawsuit. I also send them a DV, prior to lawsuit. (because of this site) They never DV'ed. Instead filed the lawsuit. Long story short. I answered complaint. Nothing ever happened.  Well, I was young and am still dumb.  I was living by the rule that NO news is GOOD news.  The last action on this suit was my answer late 2009.  I live in good ol boy country.  Where you never know who has paid off or is friends with what judge. So, I am a little timid about calling the courthouse to ask about the case being dismissed because of lack of prosecution.  I never got a letter from the court, judge, or lawyer.

 

QUESTION...In Arkansas is this case dead, or just sitting there waiting for someone to bring it back from the dead.  Is there an amount of time that passes and the judge just throws it out?  I read after one year, in Arkansas Rules of Civil Pro. that a letter should have been sent saying...hey.  Do something here.  But we never saw a letter.  If this suit isn't dead, what do I need to do, to kill this. It is way past the 5 year SOL at this point. But not when this lawsuit started. *The only thing on his credit report about  Midland is *Consumer Disputes Account. This is from my 2009 DV letter or possibly the 2009 lawsuit.  So...for all those years, they just reported Consumer disputes, but didn't take it off or validate. OC isn't on the report anymore.

 

Thank you again for the advise. I really appreciate it!I

 

 

If you search you should find an online form of your states rules of civil proceedure.

 

If you look through them, and it will take time because there will be a lot to read, they should have it spelled out

about what happens when a suit sits dormant.

 

I know that some states allow for a motion of dismissal after a year of no action has taken place.

 

In my own state and specific county they have this rule that if a case is silent for a year then the following

December, that would complete that year, they... the court... will send a letter to each party of the

suit and ask them if they want to continue with it.

 

(My opinion is it gives the plaintiff notice incase your case has slipped their minds)

 

Also, do some more search and see if your court has online postings of Court Records.

 

If so, it may show your case, especially if you have a case number. In lieu of online searching you could

just go to your courthouse and if they have a computer system there just ask someone how

you access specific case info... no need to get into specifics.

 

As to the SOL.... it would be tolled ( halted) until a case was dismissed and then the count would start as if

nothing ever took place.

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First, I want to say Thank you to everyone on this forum. By using this forum and your great help with legal documents, in 2011 I went up vs Equable Ascent Financial via HOSTO and got the suit dismissed!  The case rocked on for a year and a half.  I even wrote an opposition to a summary judgement.  I feel my main reason for winning was..the lawyer didn't answer questions 1-4 in my admissions.  Claimed they didn't see those.  #3 Admit that there was no written agreement signed by the defendant, between the defendant and original creditor.  I hammered this as ADMITTED and the judge denied the summary judgement. Two weeks later, they dismissed.  It is now out of the SOL! :yahoo:

 

My question today comes from way back In Aug 2009.  First time EVER to be sued. We were both really scared, but I started reading here and it gave me the courage to fight. My husband was sued by Lamb for Midland. I used the stuff I read here and answered the lawsuit. I also send them a DV, prior to lawsuit. (because of this site) They never DV'ed. Instead filed the lawsuit. Long story short. I answered complaint. Nothing ever happened.  Well, I was young and am still dumb.  I was living by the rule that NO news is GOOD news.  The last action on this suit was my answer late 2009.  I live in good ol boy country.  Where you never know who has paid off or is friends with what judge. So, I am a little timid about calling the courthouse to ask about the case being dismissed because of lack of prosecution.  I never got a letter from the court, judge, or lawyer.

 

QUESTION...In Arkansas is this case dead, or just sitting there waiting for someone to bring it back from the dead.  Is there an amount of time that passes and the judge just throws it out?  I read after one year, in Arkansas Rules of Civil Pro. that a letter should have been sent saying...hey.  Do something here.  But we never saw a letter.  If this suit isn't dead, what do I need to do, to kill this. It is way past the 5 year SOL at this point. But not when this lawsuit started. *The only thing on his credit report about  Midland is *Consumer Disputes Account. This is from my 2009 DV letter or possibly the 2009 lawsuit.  So...for all those years, they just reported Consumer disputes, but didn't take it off or validate. OC isn't on the report anymore.

 

Thank you again for the advise. I really appreciate it!

 

The SOL is tolled since the day they filed the lawsuit, that means it may not be past the SOL yet.

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Ark. R. Civ. P. 41(B), which provides:
In any case in which there has been a failure of the plaintiff to comply with these rules
3
Cite as 2013 Ark. 67
or any order of court or in which there has been no action shown on the record for
the past 12 months, the court shall cause notice to be mailed to the attorneys of record,
and to any party not represented by an attorney, that the case will be dismissed for
want of prosecution unless on a stated day application is made, upon a showing of
good cause, to continue the case on the court’s docket. A dismissal under this
subdivision is without prejudice to a future action by the plaintiff unless the action has
been previously dismissed, whether voluntarily or involuntarily, in which event such
dismissal operates as an adjudication on the merits.
There is no dispute that the consent judgment at issue was entered after the case had been

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Thank you for your help.  I bit the bullet and called the courthouse.  It was dismissed in 2010. WHEW!  Thanks to this forum (WE) have now beat TWO JDB for dismissals.  Midland and Equitable.

Now time for some credit clean up and build those scores back up!

:)%

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First, I want to say Thank you to everyone on this forum. By using this forum and your great help with legal documents, in 2011 I went up vs Equable Ascent Financial via HOSTO and got the suit dismissed!  The case rocked on for a year and a half.  I even wrote an opposition to a summary judgement.  I feel my main reason for winning was..the lawyer didn't answer questions 1-4 in my admissions.  Claimed they didn't see those.  #3 Admit that there was no written agreement signed by the defendant, between the defendant and original creditor.  I hammered this as ADMITTED and the judge denied the summary judgement. Two weeks later, they dismissed.  It is now out of the SOL! :yahoo:

 

Was this with or without prejudice?

 

If without I would check with Coltfan1972 as he is from AR but the SOL may have been extended by the 1.5 years this case was in litigation.  Since you already beat a MSJ they will probably not bother you again but they may sell the account to a new JDB who can try and collect.

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Was this with or without prejudice?

 

If without I would check with Coltfan1972 as he is from AR but the SOL may have been extended by the 1.5 years this case was in litigation.  Since you already beat a MSJ they will probably not bother you again but they may sell the account to a new JDB who can try and collect.

If a case is dismissed without prejudice, the SOL is treated as if the lawsuit was never filed, the SOL would not be extended by 1.5 years. Some states have a staying statute that allows the plaintiff to refile the case within 1 year even if the SOL has expired if they dismissed the case voluntarily without prejudice.

 

For the OP's other lawsuit that has no activity for so long, the SOL is extended for the duration of the lawsuit unless it is dismissed without prejudice. If the SOL is still within SOL, I would leave it alone and not wake them up, paperwork tends to get lost as more time pass by. But if the OP is able to get it dismissed without prejudice, most likely the SOL would be up already after getting it dismissed.

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