qbert Posted October 15, 2013 Report Share Posted October 15, 2013 any strategies on dissuading them from filing suit again? i dont want to rub their noses in it (well, yeah i do) but want to make it clear they understand what theyre getting into Quote Link to comment Share on other sites More sharing options...
shellieh98 Posted October 16, 2013 Report Share Posted October 16, 2013 How long ago did they dismiss? I remember reading something about they have to file a suit within one year of the dismissal. (I could be totally off base, but that is what I recall, don't even know if it was for your state) Why did they dismiss the first time? Did you get as far as getting a ccp96, and subpoenaing the ccp98 witness? Did you get your costs back from last time?Things to consider. Time to dust off those rules--but they probably sent you that letter before any dust collected. Quote Link to comment Share on other sites More sharing options...
calawyer Posted October 16, 2013 Report Share Posted October 16, 2013 Not sure if you can dissuade them. It is very hard to get noticed by a decision-maker that actually has good judgment. Two thoughts: When they file, check to see if the complaint is barred by the statute of limitations. Many think that the SOL is somehow "tolled" by the filing of the first case. I think the law is otherwise. Can't remember why the first case was dismissed. But if it was dismissed to avoid a bad ruling or dismissed on the eve of trial, it might give you grounds for a complaint under the Rosenthal Act. I think it is the definition of harassment to file a case against an unrepresented party, dismiss on the eve (or morning ) of trial, and then file another case a few months later. 1 Quote Link to comment Share on other sites More sharing options...
qbert Posted October 16, 2013 Author Report Share Posted October 16, 2013 SOL is still 6 mos out even with no tolling. they folded when i BOP'd them heres the original thread (note that Brent Midland was my original user name) http://www.creditinfocenter.com/community/topic/318526-updatedismissed-was-asset-acceptance-is-threatening-to-sue-should-i-dv/ New letter is idenitcal to the one in that thread Quote Link to comment Share on other sites More sharing options...
1stStep Posted October 16, 2013 Report Share Posted October 16, 2013 Well, I'd send a DV to preserve your FDCPA and Rosenthal rights...  If they do file suit, you've got a counterclaim for Rosenthal violation... if they use the same law firm to file suit, I'd consider a federal suit against both... Quote Link to comment Share on other sites More sharing options...
qbert Posted October 16, 2013 Author Report Share Posted October 16, 2013 please elaborate Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted October 16, 2013 Report Share Posted October 16, 2013 Do a case look up for your court and find out the name of the law firm they use to sue in your jurisdiction. They may use more than one so make a note of any they have used in the last 3 months or so and then send letters to all of them explaining what's going on.If anyone can get though to Asset, it's these guys, and because they are the ones that would be representing Asset on contingency, they are going to be well motivated to not chase after a dog that will bite them. Quote Link to comment Share on other sites More sharing options...
BV80 Posted October 16, 2013 Report Share Posted October 16, 2013 @1stStep  Well, I'd send a DV to preserve your FDCPA and Rosenthal rights...  If they do file suit, you've got a counterclaim for Rosenthal violation... if they use the same law firm to file suit, I'd consider a federal suit against both...  How is filing another lawsuit after dismissing a Rosenthal violation? Quote Link to comment Share on other sites More sharing options...
qbert Posted October 17, 2013 Author Report Share Posted October 17, 2013 thinking of drafting these guys a nice letter something to the effect of "in order to save you time and resources i wanted you to know that your firm has already sued once on this alleged debt and then subsequently dismissed it presumably due to lack of evidence of standing as in most collection cases. It would perhaps be wise to focus on other cases where the evidence is stronger or cases where the defendant wont be objecting, as i fully intend to contest this alleged debt and will take the case to trial if needed" Quote Link to comment Share on other sites More sharing options...
Spikey Posted October 17, 2013 Report Share Posted October 17, 2013 I wonder if they'll even read it. It's not a C&D or refusal to pay. Some underling may read it and toss it. That's about all I'd expect. Quote Link to comment Share on other sites More sharing options...
qbert Posted January 8, 2014 Author Report Share Posted January 8, 2014 and... its onserved with less than 4 mos on SOL i dont think i ever sent them the letter above Q: any benefit to asking them to "Admit you previously filed suit and dismissed it" when doing discovery? Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted January 8, 2014 Report Share Posted January 8, 2014 There is no benefit to asking them that. Besides, if you wait, you can go for shock value and pull out a request for dismissal w/prejudice because this is the 2nd time they sued and backed out.Just get your case information together (including the case folder from the last suit) and start all over again. 1 Quote Link to comment Share on other sites More sharing options...
kraftykrab Posted January 8, 2014 Report Share Posted January 8, 2014 I agree....you need to see what they bring to the table this time. I would definitely push for every single piece of evidence that you can get from them. Hold them to the fire about evidence. Then, when they cannot produce anything new9they most likely will not be able to), I would motion for summary judgment with prejudice, noting the previous case in which they brought the same lack of proof that they are bringing again, hence the request for with prejudice.  Also, I would most definitely consider filing an FDCPA claim against them. If they have sued you twice, with the same lack of proof both times, then they have wasted your time and harassed you. The only acceptable reason to take you back to court again on the same debt is if they can provide new evidence that proves their claim. if they motion to dismiss, I would hammer them with this. They will not stop doing this to people until it becomes too expensive to keep doing it....so make it expensive for them. Quote Link to comment Share on other sites More sharing options...
BV80 Posted January 8, 2014 Report Share Posted January 8, 2014 @kraftykrab I would motion for summary judgment with prejudice  It's not necessary to request "with prejudice" in a summary judgment motion.  There is no "without prejudice" in those motions. The party who wins their summary judgment motion wins the case. The other party cannot refile, and the only option is an appeal. Also, I would most definitely consider filing an FDCPA claim against them. If they have sued you twice, with the same lack of proof both times, then they have wasted your time and harassed you. The only acceptable reason to take you back to court again on the same debt is if they can provide new evidence that proves their claim.  I agree. Quote Link to comment Share on other sites More sharing options...
kraftykrab Posted January 8, 2014 Report Share Posted January 8, 2014 Thanks for that info BV, I was unaware.... Quote Link to comment Share on other sites More sharing options...
BV80 Posted January 8, 2014 Report Share Posted January 8, 2014 @kraftykrab I learned it here on this site. Quote Link to comment Share on other sites More sharing options...
qbert Posted January 8, 2014 Author Report Share Posted January 8, 2014 ok so in short press them hard for evidence (I already BOP'd, last time they dismissed as soon as I BOP'd)-BOP-MTC BOP-Discovery-MTC Discovery then when they produce typical lack of evidence file MSJ failing MSJ being granted, take them to trial and beat them then after case is closed, FDCPA Quote Link to comment Share on other sites More sharing options...
qbert Posted January 8, 2014 Author Report Share Posted January 8, 2014 edit: revised title from 'just got intent to sue letter from Asset, who previously dismissed' to 'Sued by Asset, who previously dismissed' Quote Link to comment Share on other sites More sharing options...
qbert Posted January 22, 2014 Author Report Share Posted January 22, 2014 BOP'd them, and the clowns dismissed again within a week instead of responding 2 Quote Link to comment Share on other sites More sharing options...
qbert Posted January 22, 2014 Author Report Share Posted January 22, 2014 ::flashes back to 'Life Cereal' commercial:: "Hey Spikey, he likes it!" oh, and asset..... :'> Quote Link to comment Share on other sites More sharing options...
Spikey Posted January 22, 2014 Report Share Posted January 22, 2014  Nice work by the way Quote Link to comment Share on other sites More sharing options...
calawyer Posted January 22, 2014 Report Share Posted January 22, 2014 BOP'd them, and the clowns dismissed again within a week instead of respondingNice. It is very unusual to find a JDB caving simply because they can't respond to a BOP. Quote Link to comment Share on other sites More sharing options...
Anon Amos Posted January 23, 2014 Report Share Posted January 23, 2014 I think they just like racking up filing fees with you for some reason. Once again...Congratulations. Quote Link to comment Share on other sites More sharing options...
qbert Posted January 23, 2014 Author Report Share Posted January 23, 2014 I requested a fee waiver when i filed the general denial and simultaneously BOP'd them. Even though my fee waiver was denied, they still dismissed before i would have had to pay it to keep the filing active so its a non-issue now. but yeah these guys are easily in for a few grand between filing fees and time to prepare docs 1 Quote Link to comment Share on other sites More sharing options...
qbert Posted January 23, 2014 Author Report Share Posted January 23, 2014 i feel like the fact that they filed 3 extraneous lawsuits on two alleged debts and dismissed each of them instantly upon request for supporting evidence, is building a strong case for me to countersue them for harassment under the FDCPA if they continue to hassle. thoughts? Quote Link to comment Share on other sites More sharing options...
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