LD-50 Posted June 5, 2013 Report Share Posted June 5, 2013 So now I file a motion to dismiss or....? Help! I waited the 15 min and then got paper work to file a motion. Pretty sure the attorney was behind me in my line as I was checking out because the rep told him, "Your party has already checked out." Now what? Do I win? I'm in AZ/Maricopa County - its Jerold Kaplan law firm on behalf of Midland Funding, LLC for Wells Fargo Bank - bal just less than $2k. Link to comment Share on other sites More sharing options...
bmc100 Posted June 5, 2013 Report Share Posted June 5, 2013 Once the judge gets the report back from the mediator, the judge could sanction them or dismiss the case. Hopefully someone from AZ will pipe in and give you some ideas. If you were in Michigan, judges usually will dismiss the case as a default. 1 Link to comment Share on other sites More sharing options...
admin Posted June 5, 2013 Report Share Posted June 5, 2013 This might give you some ideas... http://www.creditinfocenter.com/community/topic/318191-gurstel-chargo-was-a-no-show-at-court-ordered-mediation-in-az/ Link to comment Share on other sites More sharing options...
admin Posted June 5, 2013 Report Share Posted June 5, 2013 This is for divorce court, but look at the section for no-shows: http://pinalcountyaz.gov/Departments/ConciliationCourt/Pages/MediationFAQ.aspx I think the other party has a chance to show why they missed the date and get it rescheduled. 1 Link to comment Share on other sites More sharing options...
LD-50 Posted June 5, 2013 Author Report Share Posted June 5, 2013 Good thread but no closure in terms of if the dismissal was in his/her favor, right? Link to comment Share on other sites More sharing options...
LD-50 Posted June 5, 2013 Author Report Share Posted June 5, 2013 Also, if dismissal is granted, can they try to sue me again? Link to comment Share on other sites More sharing options...
BV80 Posted June 5, 2013 Report Share Posted June 5, 2013 @LD-50 Also, if dismissal is granted, can they try to sue me again? It depends upon whether the case is dismissed with or without prejudice. If it's dismissed with prejudice, they can't sue you again. If it's dismissed without prejudice, they can. 1 Link to comment Share on other sites More sharing options...
LD-50 Posted June 5, 2013 Author Report Share Posted June 5, 2013 Am I able to request the type of dismissal when I file my motion? Updated: Disregard my last question pls. I called the courthouse and can file a "motion for whatever I want." Yee haw! Thanks... Link to comment Share on other sites More sharing options...
LD-50 Posted June 13, 2013 Author Report Share Posted June 13, 2013 I filed my motion to dismiss w/prejudice and got an answer from Midland saying that's too harsh and they want it w/out prejudice. Can I amend my motion to dismiss to include sanctions? Suggestions? Haven't heard the court's answer yet. Link to comment Share on other sites More sharing options...
Spikey Posted June 13, 2013 Report Share Posted June 13, 2013 Oh boo hoo on Midland, they can argue it with the judge. 1 Link to comment Share on other sites More sharing options...
LD-50 Posted June 13, 2013 Author Report Share Posted June 13, 2013 I'm dying to hear the court's response but hope they don't dismiss w/out prej so they can refile! It's killing me. Link to comment Share on other sites More sharing options...
Anon Amos Posted June 15, 2013 Report Share Posted June 15, 2013 I filed my motion to dismiss w/prejudice and got an answer from Midland saying that's too harsh and they want it w/out prejudice. Can I amend my motion to dismiss to include sanctions? Suggestions? Haven't heard the court's answer yet. It's too harsh so you want to soften it up with sanctions? You could amend but I wouldn't, it will complicate things. And it would probably be the court that received any compensation for the sanctions anyway. 1 Link to comment Share on other sites More sharing options...
Anon Amos Posted June 20, 2013 Report Share Posted June 20, 2013 I'm dying to hear the court's response but hope they don't dismiss w/out prej so they can refile! It's killing me. I doubt they would re file anyway. Link to comment Share on other sites More sharing options...
LD-50 Posted June 21, 2013 Author Report Share Posted June 21, 2013 I haven't got anything in the mail yet but went online and it shows a new date for the mediation. I guess I am to assume my motion for dismissal was rejected? How lame. So pissed - I have a new job and its not easy getting away from work to go to a mediation where they will pressure me to settle and I am not interested. I'd rather skip the mediation and get right to beating them in court. Any other reason you'd see a new mediation date? Link to comment Share on other sites More sharing options...
hot in az Posted June 21, 2013 Report Share Posted June 21, 2013 Hi, I'm in Arizona too. The attorney in my case did not show up for TRIAL. Called in and said there was a traffic jam. Judge said after 15 minutes she was going to reschedule. I didn't file any motions bceause I figured if it had happened to me I would want another chance. Gave me more time to bone up on my case. If I were you I might put in a motion to appear telephonically. They do it all the time. And I think you can e-mail it in. Wait till near the last few days so they might not get it in the mail.In AZ always put the words you have 10 days to Blah,blah,blah . My pre trial conference lasted 4 1/2 minutes. They send a paralegal to make sure you show up. She said do upir want to settle? I said NO as Midland lacks standing to sue me. Let's go to trial. Signed the paper work I was there and left. So check that procedure if they allow you to appear by phone. Also check the date before the conference you have to file that motion. Hope that helps Link to comment Share on other sites More sharing options...
LD-50 Posted June 26, 2013 Author Report Share Posted June 26, 2013 Yesterday I received notification that my motion to dismiss was denied and the mediation is rescheduled. Thanks, Hot in AZ, I'll take your advice and ask to attend via telephone but not until just before the scheduled mediation. Thanks! Link to comment Share on other sites More sharing options...
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