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Received a Request for Dismissal Letter w/o prejudice


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Hello Everyone-

 

So I was served with a law suit from Asset Acceptance in Ventura County in California back in mid November 2012 for a $7k BofA credit card account. I submitted my answer before the deadline and case management statement a few months ago(thanks to a lot of helpful people and posts from this website).

 

The case was scheduled for trial on September 30th '13 and honestly I didn't feel prepared and was thinking about trying to settle at court date. However a few days ago I received a  request for dismissal letter(CIV-110) from the lawyers taking me to court. They however filed that request for dismissal with out prejudice and they also check the box that states "entire action of all parties and all causes of action" and "the court did not waive court fees and costs for a party in this case".

 

 From doing research online I've gotten an understanding that this means they're backing off the lawsuit but can comeback and sue me again down the road.  

 

Why would they do this now so close to trial?

What should be my next step in this process?

Am I going to be sued again by them as my last cc payment was Dec 2009 so I believed my SOL is up in Dec 2013?

 

Thanks everyone for all your input and helping me out in this complicating process.  

 

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That's the way most of them operate. They likely did not haave enough proof to to to court and saw that you were going to fight. Costing them a lot more money. Start a file make sure you save all your papers for years to come. They will probably sell it off to another JDB and you will start all over again. Make sure YOU DV them every time within the 30 days and send it CMRRR each time.

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They did this so close to trial because they knew they did not have the proof to win at trial should it get there and they could not scare you into settling. This is normal believe it or not. More likely than not, the proof would have cost more money than the issue was worth to them so they gave up.

What happens is that once the dismissal goes through, the SOL start date reverts to the DOFD as if the suit had never been filed. This means they have 3 more months to file suit. Do you honestly think that if they could not get the proof for the case in almost a year, they will be able to do so in the next 3 months? If they sell the debt, do you think the next JDB will be able to get the proper proof in the next 3 months let alone get everything right and follow the FDCPA? In either case, I doubt it.

So you really have a couple of choices. Argue that you spent quite a bit of time preparing for the case and you have the right to justice to prove your innocence and hence, you want a dismissal with prejudice. You could argue that you want your legal fees and they settle with them to pay your own fees in return for a dismissal with prejudice, or you can do nothing. I am sure others will help you decide what is best for your given situation because each choice has its merits and drawbacks.

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Thank you all for submitting all your helpful insight. 

 

If I wanted to argue the request for dismissal how would I go about doing that? 

Or should I take my chances and hope that they don't serve me again before my SOL kicks in?

Correct me if I'm wrong- Once the SOL kicks in they can serve me and all I have to say is that SOL has passed and therefore they can no longer sue me for that debt, right?

 

Greatly appreciate all your help.

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They can't come back and sue you again at least a year but if they do sell it to another jdb it can be reopened but hopefully you will be ready. I would take it file a memorandom of costs to have them pay back costs you incurred and be done with it. Make sure your credit report is updated too.

If this jdb couldn't prove their case, the likelihood of a new jdb to prove it is zero as well.

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However, as part of the dismissal, the plaintiff is asking that each party be responsible for their own costs (that is what they ticked on the form). Does that plaintiff have the right to request that in CA and can the defendant oppose that?

No. THe box plaintiff checked was that the Court did not waive fees for Y&B. If Y&D had a fee waiver, the court could recover the filing fee from plaintiff. But since there was no fee waiver in this case, Y&D can recover her costs if she files a timely memo of costs.

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So far my true cost in this case is the appearance fee of $225 I paid the Ventura County court when I filed my answer. Also which line in the form do I include this cost?(#1 Filing and Motion Fees?)

 

Can I include the following costs:

 

Taking half day off work to drive to Ventura County court to file answer?

Gas cost to Drive to Ventura County Court? As I live in Santa Barbara and it was a good 80 mile round trip.

 

If I can include the above costs what type of evidence do I show to support my costs and in which line do I include these expenses?

 

You guys are of great help. Thanks!!!

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So far my true cost in this case is the appearance fee of $225 I paid the Ventura County court when I filed my answer. Also which line in the form do I include this cost?(#1 Filing and Motion Fees?) Yes.  Filing and motion fees.

 

Can I include the following costs:

 

Taking half day off work to drive to Ventura County court to file answer? No.

Gas cost to Drive to Ventura County Court? As I live in Santa Barbara and it was a good 80 mile round trip. No.

 

If I can include the above costs what type of evidence do I show to support my costs and in which line do I include these expenses?

 

You guys are of great help. Thanks!!!

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Improper Venue was not part of my defense. 

 

I used to live in Ventura county when I open the account and my mail still is delivered to my parents house in Ventura. So I'm guessing that's why they filed the claim in Ventura County court.

 

 

Now that I completed the form do I send it to the court and the lawyers who open the case against me?

How long should I wait for a response?

 

Whocares1000 mention something about telling them that I'll waive the fees if they dismiss with prejudice- should I attempt to see if they will go for that?

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