qbert

Sued by Asset, who previously dismissed

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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. ;)

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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.

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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... 

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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.

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@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?

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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"

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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.

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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.

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@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.

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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

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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

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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?

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