IdWrknGrl Posted November 6, 2013 Report Share Posted November 6, 2013 Okay, before I write my overblown story of how I whooped up on the OC, I need a little help with the judge's signed dismissal. The plaintiff sent over a dismissal without prejudice. The judge scratched out "without prejudice" everywhere it appeared on the page. He also scratched out the part where each side will bear their own costs. Then he wrote under the scratched out without prejudice: Defendant has appeared. So.....does this mean it's with prejudice? Is there something in between? 1 Link to comment Share on other sites More sharing options...
IdWrknGrl Posted November 6, 2013 Author Report Share Posted November 6, 2013 Sorry.....I've edited the original to say what I meant. MY BRAIN IS FRIED. Link to comment Share on other sites More sharing options...
creditrepairstan Posted November 6, 2013 Report Share Posted November 6, 2013 You'd have to ask the court clerk that, we really have no way of knowing since we aren't the judge. Congrats on the dismissal though. Link to comment Share on other sites More sharing options...
IdWrknGrl Posted November 6, 2013 Author Report Share Posted November 6, 2013 I did ask....they didn't know. I had 5 girls looking at it and laughing over how much of it was scratched out. I'm afraid to ask the judge to clarify! Link to comment Share on other sites More sharing options...
creditrepairstan Posted November 6, 2013 Report Share Posted November 6, 2013 Looks like you are going to have to. From the sounds of it, it would appear it is indeed WITH but I don't want to tell you that and be wrong. Link to comment Share on other sites More sharing options...
shellieh98 Posted November 6, 2013 Report Share Posted November 6, 2013 You fought a good fight, congrats either way!,, Link to comment Share on other sites More sharing options...
IdWrknGrl Posted November 6, 2013 Author Report Share Posted November 6, 2013 Okay, so I just verified with 3 different local attorneys who know this judge. Apparently, he is really pissed that the OC dismissed 2 days before trial after coming to court empty handed for 3 years and calling me names. It is within his power to dismiss the case with prejudice if I have appeared. It's OVER! I'm compiling a list of people to thank....I couldn't have done it without all the help! 2 Link to comment Share on other sites More sharing options...
Credator Posted November 6, 2013 Report Share Posted November 6, 2013 Congratulations! Link to comment Share on other sites More sharing options...
Spikey Posted November 6, 2013 Report Share Posted November 6, 2013 Talk about a long case, nice work sticking with it and WINNING! Link to comment Share on other sites More sharing options...
ArtVandelay Posted November 6, 2013 Report Share Posted November 6, 2013 Congrats! Double Congratulations for beating an OC! 1 Link to comment Share on other sites More sharing options...
WhoCares1000 Posted November 6, 2013 Report Share Posted November 6, 2013 Yeap, not a good idea to piss off a judge. Congrats on seeing this through to the end. Link to comment Share on other sites More sharing options...
Bob Fletcher Posted November 6, 2013 Report Share Posted November 6, 2013 Fantastic Win!! Link to comment Share on other sites More sharing options...
debtzapper Posted November 7, 2013 Report Share Posted November 7, 2013 Great win! You are persistent! Some defendant's would have just caved under the pressure. Litigation is mentally and physically draining. Drop in now and then and see if you can help other ID residents with your knowledge and experience. 1 Link to comment Share on other sites More sharing options...
BTO429 Posted November 7, 2013 Report Share Posted November 7, 2013 Good job,,,,and I have seen on here soooooo many time people say you can not beat the original creditor, I always argue that you can. 1 Link to comment Share on other sites More sharing options...
BV80 Posted November 7, 2013 Report Share Posted November 7, 2013 @IdWrknGrl Congratulations! And an OC to boot! ♫ Another one bites the dust! ♫ Link to comment Share on other sites More sharing options...
1stStep Posted November 8, 2013 Report Share Posted November 8, 2013 Great job - way to tough it out!! Link to comment Share on other sites More sharing options...
IdWrknGrl Posted November 8, 2013 Author Report Share Posted November 8, 2013 Don't worry, I'm not going anywhere. If somebody needs my advice on how to deal with an OC or with Zwikkr, I'm their (wo)man. After 3 years, I've seen every page of robo-litigation that they can spit out! 4 Link to comment Share on other sites More sharing options...
HotWheels96 Posted November 9, 2013 Report Share Posted November 9, 2013 It's a nice feeling beating a JDB, but it's an AMAZING feeling beating an OC. I'm glad to see other people beating them. Congrats on a very well deserved win. 2 Link to comment Share on other sites More sharing options...
Seadragon Posted November 10, 2013 Report Share Posted November 10, 2013 Nice. any estimate on costs of litigation to them and have you made a memorandum for costs? Link to comment Share on other sites More sharing options...
IdWrknGrl Posted November 10, 2013 Author Report Share Posted November 10, 2013 I tried to make a Memorandum of Costs, but looking at the IRCP, it excludes mileage, copies, postage, faxes and time. So....my costs on three years of litigation are $58. Do I bother filing for that? Their costs, on the other hand, consist of 9 appearances of a local attorney (CA was based out of Portland, OR), their hours spent churning out docs, and a ton of postage for the 6-7 times they mailed 900 pages of statements to me and the courts for their 3 separate Motions for Summary Judgment. Actually, I'm spending my time now writing letters to the 3 CRA's because American Express used their "fraud investigation continuance" in July to finally report this debt in full on my credit reports. I'm copying the complaint and the dismissal with prejudice and having it removed from my credit. Link to comment Share on other sites More sharing options...
WhoCares1000 Posted November 10, 2013 Report Share Posted November 10, 2013 I would file for costs just to pour salt on the wound. You can be sure these people would pour it on the poor person that they got a judgement against. Link to comment Share on other sites More sharing options...
Recommended Posts