perchdinner Posted November 5, 2013 Report Share Posted November 5, 2013 I got a letter from the JDB attonery saying they dropped the case. But they have filed nothing with the court. My trial is on weds. DO I still need to go? IS it possible they would send me this to try to trick me? I Need to take off work to go to court. So I hope I dont need to go Link to comment Share on other sites More sharing options...
shellieh98 Posted November 5, 2013 Report Share Posted November 5, 2013 Absolutely you go. If it's not filed, it's not done. Others had that happen, and they ended up getting a default against them. 4 Link to comment Share on other sites More sharing options...
Anon Amos Posted November 5, 2013 Report Share Posted November 5, 2013 Bring the letter with you as well. 4 Link to comment Share on other sites More sharing options...
shellieh98 Posted November 5, 2013 Report Share Posted November 5, 2013 And if they don't show (or even if they do) ask for it with prejudice. 2 Link to comment Share on other sites More sharing options...
perchdinner Posted November 5, 2013 Author Report Share Posted November 5, 2013 Absolutely you go. If it's not filed, it's not done. Others had that happen, and they ended up getting a default against them.WOW There attorney would really stoop to this. It is AA , SO I guess anything is possible. Well I guess I was stupid for thinking of not going. Glad I asked here. Link to comment Share on other sites More sharing options...
Anon Amos Posted November 5, 2013 Report Share Posted November 5, 2013 WOW There attorney would really stoop to this. It is AA , SO I guess anything is possible. Well I guess I was stupid for thinking of not going. Glad I asked here. That's really not much of a "stoop" for a bottom feeder. Make sure you bring it to the judges attention. Good Luck. Link to comment Share on other sites More sharing options...
perchdinner Posted November 5, 2013 Author Report Share Posted November 5, 2013 And if they don't show (or even if they do) ask for it with prejudice.I love to get with predjuce. I really hope they are not trying to trick me. The judge ruled agiasnt my summary judgment even though the plaintiff never responded. So hopefully if they dont show he gives me the prejudice Link to comment Share on other sites More sharing options...
perchdinner Posted November 5, 2013 Author Report Share Posted November 5, 2013 That's really not much of a "stoop" for a bottom feeder. Make sure you bring it to the judges attention. Good Luck.I will , thanks I guess your right there bottom feeding scum. 1 Link to comment Share on other sites More sharing options...
Anon Amos Posted November 5, 2013 Report Share Posted November 5, 2013 The judge ruled agiasnt my summary judgment even though the plaintiff never responded. That's not a good sign. Link to comment Share on other sites More sharing options...
perchdinner Posted November 5, 2013 Author Report Share Posted November 5, 2013 That's not a good sign.Yeah I know. but why would they send a letter saying they dropped the case if they dont intend to. That just seems like it should be illegal Link to comment Share on other sites More sharing options...
Anon Amos Posted November 5, 2013 Report Share Posted November 5, 2013 Yeah I know. but why would they send a letter saying they dropped the case if they dont intend to. That just seems like it should be illegal They do that all the time. Many times the defendant will not show up to trial and the bottom feeder will get a default judgment and go after their bank account. They rely on the Defendant's to help them win their case. 1 Link to comment Share on other sites More sharing options...
shellieh98 Posted November 5, 2013 Report Share Posted November 5, 2013 One guy the lawyer told him at court right before they went in they dismissed and he didn't need to go in. Guess what? He got a judgement against him.My own case they told me they were going to dismiss, I went anyway and the lawyer still asked me if I wanted to settle. I said yes, you dismiss with prejudice.(I actually asked him if I had stupid written on my forehead, lol) 5 Link to comment Share on other sites More sharing options...
perchdinner Posted November 5, 2013 Author Report Share Posted November 5, 2013 well I am going in gun blazing. I will be telling the jdb attonery waht a piece of **** he is . If in fact they don't dimiss. The thing is they never furnished any witness lists I just dont see them presenting any valid evidence. Outside of a few lousy statements which are hersay . its mind boggling They can try my bank accounts I dont have any money. lol Link to comment Share on other sites More sharing options...
Anon Amos Posted November 5, 2013 Report Share Posted November 5, 2013 One guy the lawyer told him at court right before they went in they dismissed and he didn't need to go in. Guess what? He got a judgement against him. I remember that. It is surprising people fall for that, but they are out of their element, and the dismissal sounds so good; they are just not thinking straight. . Link to comment Share on other sites More sharing options...
Anon Amos Posted November 5, 2013 Report Share Posted November 5, 2013 well I am going in gun blazing.Learn your states rules of evidence, particularly the hearsay rule and the business records exception to it, and the best evidence rule. Also the rules of authentication. Also, since your judge rules against you in an unopposed MSJ; I would make sure you have a court reporter at trial. 1 Link to comment Share on other sites More sharing options...
perchdinner Posted November 5, 2013 Author Report Share Posted November 5, 2013 Learn your states rules of evidence, particularly the hearsay rule and the business records exception to it, and the best evidence rule. Also the rules of authentication. Also, since your judge rules against you in an unopposed MSJ; I would make sure you have a court reporter at trial. I have been studying hard. I am ready for trial. I love to have a court reporter, do i have to pay for one? 1 Link to comment Share on other sites More sharing options...
Anon Amos Posted November 5, 2013 Report Share Posted November 5, 2013 I love to have a court reporter, do i have to pay for one?You most likely would have to pay for it (probably money well spent). You may not have enough time to get one however, depends on how may are available. Link to comment Share on other sites More sharing options...
BV80 Posted November 5, 2013 Report Share Posted November 5, 2013 I'd be showing that letter to the judge no matter whether the attorney shows up or not. 1 Link to comment Share on other sites More sharing options...
perchdinner Posted November 5, 2013 Author Report Share Posted November 5, 2013 I'd be showing that letter to the judge no matter whether the attorney shows up or not.I will , not sure what the jdb attonery can say once I show the letter . I will update results when it's said and done 1 Link to comment Share on other sites More sharing options...
Spikey Posted November 5, 2013 Report Share Posted November 5, 2013 WOW There attorney would really stoop to this. It is AA , SO I guess anything is possible. Well I guess I was stupid for thinking of not going. Glad I asked here. No surprise, AA will do anything to get a dollar. They pulled something similar on me by not showing up to defend against my MSJ. The judge had the clerk call them to see where they were, they told her that they sent a letter in that they were dismissing. I pushed forward with my MSJ and won. No letter requesting dismissal ever was filed with the court or was sent to my house. Yeah I know. but why would they send a letter saying they dropped the case if they dont intend to. That just seems like it should be illegal It's not illegal unfortunately, but it's certainly ethically iffy for a member of the bar and officer of the court to do that. They certainly wouldn't pull this crap with another lawyer. 2 Link to comment Share on other sites More sharing options...
Clydesmom Posted November 5, 2013 Report Share Posted November 5, 2013 I got a letter from the JDB attonery saying they dropped the case. But they have filed nothing with the court. My trial is on weds. DO I still need to go? IS it possible they would send me this to try to trick me? I Need to take off work to go to court. So I hope I dont need to go GO! They would not be the first JDB to lie to a consumer so that they do not show up and they get a default judgment. 2 Link to comment Share on other sites More sharing options...
perchdinner Posted November 5, 2013 Author Report Share Posted November 5, 2013 I went to the court on my lunch break. I asked the clerk what was going on. As my trial was in a few days. She got the file and said that the guy wouldn't do that.(she said they file hundreds of lawsuits a year in there court and he wouldnt try to pull a stunt like this) We called plaintiffs attorney . Apparently they did file it with the court but there was a clerical error due to a new girl working at the court. s So the case has been dimissed since they dropped it before trial . I am stuck with out prejudice. So it is officially dropped. A big weight off my mind. thanks every one. 4 Link to comment Share on other sites More sharing options...
Spikey Posted November 5, 2013 Report Share Posted November 5, 2013 A win is a win, prejudice or not, so nice work! Link to comment Share on other sites More sharing options...
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