Rizzic12

Summons Received - Will fight til death

Recommended Posts

Hello Everyone - This has been a long boring process so I haven't really posted anything lately but today I received something in the mail and I just want someone to be able to tell me this means what I think it does. I received an ORDER OF DISMISSAL from the attorneys of the plantiff CAPITAL ONE BANK (USA), N.A., stating On motion of the Plaintiff, COB, the above-styled case against, yours truely, is dismissed without prejudice. IT IS SO ORDERED. I attached the file.

 

It has the judges signature and the date. Does this mean I am good? Never to deal with this again? I feel excited but please tell me this isn't a setup for what's to come.

 

Thank you for any information,

Eric

Order of Dismissal.pdf

  • Like 1

Share this post


Link to post
Share on other sites

Good Job. They can still sue you again later (until the SOL runs out) but its unlikely they will. They can also sell it to a bottom feeder who will then try to collect. Dismissed with prejudice would be better, but you sure can't complain about  a dismissal. It beats going to trial or settling.

Share this post


Link to post
Share on other sites

Hello Everyone - This has been a long boring process so I haven't really posted anything lately but today I received something in the mail and I just want someone to be able to tell me this means what I think it does. I received an ORDER OF DISMISSAL from the attorneys of the plantiff CAPITAL ONE BANK (USA), N.A., stating On motion of the Plaintiff, COB, the above-styled case against, yours truely, is dismissed without prejudice. IT IS SO ORDERED. I attached the file.

 

It has the judges signature and the date. Does this mean I am good? Never to deal with this again? I feel excited but please tell me this isn't a setup for what's to come.

 

Thank you for any information,

Eric

 

It means you don't have to deal with this right NOW.  Dismissal without prejudice means they can refile within the SOL.  Now that they have dismissed all that time from December until now eats into that.  According to your one post you defaulted 9/2012 which means they have until September of next year to refile the case.  I would lay low until then and simply let the clock run out.  Hopefully they don't come back for another try.  KEEP THAT DISMISSAL and take it to the grave.

Share this post


Link to post
Share on other sites

It means you don't have to deal with this right NOW.  Dismissal without prejudice means they can refile within the SOL.  Now that they have dismissed all that time from December until now eats into that.  According to your one post you defaulted 9/2012 which means they have until September of next year to refile the case.  I would lay low until then and simply let the clock run out.  Hopefully they don't come back for another try.  KEEP THAT DISMISSAL and take it to the grave.

 

 

Good Job. They can still sue you again later (until the SOL runs out) but its unlikely they will. They can also sell it to a bottom feeder who will then try to collect. Dismissed with prejudice would be better, but you sure can't complain about  a dismissal. It beats going to trial or settling.

 

 

The poster above summed up most of what I had to say. You must understand you are in a more serious situation than most here. 

 

- Its a 99%+ chance you are dealing with the OC 

 

- Its for 10K which only makes the attorney get a large commission if he wins. Basically he will work harder.

 

-The fact that it is with Cap One makes it more difficult. They don't seem to worry about risk/rewards on some cases, especially if its for a large amount.

 

-Your DOLP is recent so they will probably have more accurate records than in most cases.

 

-You may have already started off wrong considering you originally thought the case was against a JDB.

 

All that being said anything is possible. People on here have defeated Cap One, but they were from different states in different situations. I would strongly consider at least getting a couple of consultations with consumer attorneys in your area. Although it may not apply find ones with FDCPA experience. The reason I say this is because these tend to be better at fighting. You might get lucky and find one that is a "friend" of your local court. Since many of these attorney offer a free consultation all you will be out is a little time. 

 

I just wanted to take the time to thank you guys and the others who took their time to help me out. I know I pissed a couple of you off at the beginning and was really ignorant about this whole process but if it were not for you guys I would have gave in and had a default or summary judgement. Seriously, thank you! You guys are awesome. Later tonight I think I will post the details of the case.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.