Boo313

What's Next After a Motion for Summary Judgment has been denied w/out Prejudice?

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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.

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@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.

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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!

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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 7

The 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.

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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.

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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.

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