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hi, I check the court and find out that I was sue by US Bank on 7/12 but never received a summons an complaint, these was dismissed on 8/12 without prejudice.  The JDB is in Sacramento CA. more than 150 miles away from court. my question is; Can I ask to Dismissed with prejudice? so another JDB can't start again. 

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nope, there was never any trial or court proceedings.  If there were you could, but it didn't make it that far. They dismissed w/o so they could get their crap together, and serve you again. They may instead just sell your debt to a jdb, and if that happens---well you know how to beat them. ;)

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Thanks, I just wait  and see what happen.  one more question if I win by dismissed without prejudice, with prejudice  or a judgment. and the original and JDB report it as charge off in my credit report and then send me a form to pay taxes.do I need to paid taxes?

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 When a 1099-c is issued the debt is cancelled unless the issuing entity can later prove the 1099-c was issued in error.  So if they got a judgement, you could sue the JDB if they tried to collect on it if they issued a 1099-c from what I understand.  (I could be wrong)  If it is without prejudice, or with prejudice, they issue it so that the "found money" you got is claimed through your taxes, it should indicate the debt is cancelled or forgiven, and they should not try and collect on it. You would have to claim it to the IRS.

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thanks, my husband received one 1099c from chase. it say debt discharged ( H- expiration of non-payment testing period) He win but it was dismissed without prejudice, it was a jdb not  chase, but my husband admit he owes chase but did not have the money to pay.

 

He report it on this year taxes using the form 982 Part 1 line1b Discharged of Indebtedness and on Line 2 $3,000 and Part II line 10a $3,000 that all we did we did not provide any other paper. like the Insolvency Worksheet, because it say keep for your records. Did you think we need to filed and if we do did you think we did it correct?

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