Boo313 Posted June 19, 2013 Report Share Posted June 19, 2013 I just claimed a defeat with a denial of a Motion for Summary Judgment. Is there anything I should or can do to stop the Plaintiff from trying again? Also, When the Plaintiff first filed the complaint, it was a couple of months before the Satatue of Limitation. Now the SOL has passed. Should I claim that now? The judge's ruling reads as follows: Plaintiffs Motion For Summary Desposition: The motion is denied for the reasons expressed on the record. Plaintiff is unable to proceed to trial for the reason that it has no witnesses to proceed. This matter is accordingly Dismissed without prejudice. I want to get them before they get me this time. Thanks Everyone!!!! Oh the MSJ hearing and the Trial were scheduled one hour apart. 1 Link to comment Share on other sites More sharing options...
Spikey Posted June 19, 2013 Report Share Posted June 19, 2013 First off congrats on your win. As far as SOL, with this case dismissed, if they or another JDB brings a new suit, that's your affirmative defense. Link to comment Share on other sites More sharing options...
Boo313 Posted June 19, 2013 Author Report Share Posted June 19, 2013 @Spikey, thank you. So I can't do anything right now is what you're saying? Link to comment Share on other sites More sharing options...
Spikey Posted June 19, 2013 Report Share Posted June 19, 2013 @Boo313 Hopefully someone else will chime in if I'm wrong, but you're off the hook and in the clear if you're past SOL. There's nothing that needs to be done unless you get sued again. Based on my limited knowledge of the FDCPA, if they do sue you again now, it's a violation that you can counter-sue on. 1 Link to comment Share on other sites More sharing options...
Bob Fletcher Posted June 19, 2013 Report Share Posted June 19, 2013 CONGRATULATIONS!! :'> 1 Link to comment Share on other sites More sharing options...
shellieh98 Posted June 19, 2013 Report Share Posted June 19, 2013 You are golden. If they refile on you, it is as if the SOL was never tolled. So that means, if they refile, you counter cross with an FDCPA filing on a time barred debt, and the time barred is your new affirmative defense. Good Job! 3 Link to comment Share on other sites More sharing options...
racecar Posted June 19, 2013 Report Share Posted June 19, 2013 Plaintiff could Motion for a new Trial. Link to comment Share on other sites More sharing options...
Boo313 Posted June 19, 2013 Author Report Share Posted June 19, 2013 @racecar, if plaintiff motion for a new trial, i can now use statue of limitation right? They beat that date the first time but now it is over 6 years. Link to comment Share on other sites More sharing options...
Anon Amos Posted June 20, 2013 Report Share Posted June 20, 2013 Plaintiff could Motion for a new Trial.I don't think they can motion for a new trial; because they never had a trial in the first place. Link to comment Share on other sites More sharing options...
Anon Amos Posted June 20, 2013 Report Share Posted June 20, 2013 @Spikey, thank you. So I can't do anything right now is what you're saying?You could celebrate. You are off the hook on this one. No matter what happens claim the SOL. 1 Link to comment Share on other sites More sharing options...
racecar Posted June 20, 2013 Report Share Posted June 20, 2013 I don't think the plaintiff will be back for any more punishment. You did a great job in defending your case. "Plaintiff could Motion for a new Trial." post 7The doctrine of relation back was devised by the courts to associate the amended matter with the date of the original pleading, so that it would not be barred by the statute of limitations. Link to comment Share on other sites More sharing options...
Seadragon Posted June 20, 2013 Report Share Posted June 20, 2013 can you file a memorandum of costs? to get your money back? Link to comment Share on other sites More sharing options...
Boo313 Posted June 20, 2013 Author Report Share Posted June 20, 2013 I haven't paid any money Link to comment Share on other sites More sharing options...
Savoir Posted June 20, 2013 Report Share Posted June 20, 2013 The MSD was denied.Trial was had ......... 'dismissed without prejudice' which means the matter never came before the court.The SOL has now expired .......... anyone attempting to collect on this alleged debt can now be told to "pound sand". Congratulations .......... well done !!! Michigan doesn't allow you to collect costs. 2 Link to comment Share on other sites More sharing options...
Boo313 Posted June 20, 2013 Author Report Share Posted June 20, 2013 @Savoir, but they can request a trial right? Link to comment Share on other sites More sharing options...
Savoir Posted June 20, 2013 Report Share Posted June 20, 2013 I thought you said that the trial was held.In any event .......... the judge ruled that they were unable to proceed to trial.They may be able to ask for a reconsideration .........I doubt they will. They still don't have a witness. Link to comment Share on other sites More sharing options...
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