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Received Request for Dismissal from Asset in CA - What Next?


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I filed my answer and sent Asset a Bill of Particulars.  About 2 weeks later I received form CIV-110, Request for Dismissal, dismissing without prejudice "entire action of all parties and all causes of action."  Was not expecting that!

 

Civil procedure Rule 41 says that voluntary dismissal by plaintiff without court order may be filed 1)before the opposing party serves either an answer or a motion for summary judgment; or

2) a stipulation of dismissal signed by all parties who have appeared.

 

Section 3 of form CIV-110 is to give consent to the above dismissal. Do I need to date and sign and then file with the clerk or should the Plaintiff file it?  Since I filed and served my answer it seems I need to sign it.

 

Here is a link to my original post with info about the case.

http://www.creditinfocenter.com/community/topic/318942-just-served-and-need-help-with-answer-against-as-set-accept-in-ca/

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You do not need to sign it as you do not have to consent to their turning coward. However if you do not have a counterclaim and just want them to go away then the best option for you may be to sign off on it. They are not likely to come back around and try to sue again since they know you will fight and that is not in their business model.

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Congrats. How close are you to the SOL? 

 

KentWa is right. They don't like fighters. Most bullies don't.

 

Thanks.  I don't know if the SOL is based on my address (California) or the original creditor (Citi in South Dakota).  If Cali (4 yrs.) then the SOL is up next month.  If SD (6 yrs.) then April of 2015.

 

Don't forget to get your costs!

 

I thought about this.  I guess I just file a memorandum of costs with the court, is that right?  What else does recovering my costs involve?

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Thanks.  I don't know if the SOL is based on my address (California) or the original creditor (Citi in South Dakota).  If Cali (4 yrs.) then the SOL is up next month.  If SD (6 yrs.) then April of 2015.

 

It would be your residence. You are victorious my friend.   :)%

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Don't forget to get your costs!

Oh, I did not even realize OP was from Cali. This is a very important step to make sure they do not sue you again because they had to write you a check to just get out of the case and adds extra sting to the wound. 

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Just fill this out and send a copy to plaintiff with POS and file both with the court and if they play nice, you just sit back and wait for your check.  Remember though, by statute, you can only recover basically your filing fees, cost of serving a witness and copies of exhibits.  There are more but nothing you probably spent any money on.

 

Congrats again!

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