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Need Help!! Portfolio recovery


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I was sued by portfolio recovery and with the help of this forum have went through all the procedures with the court. Portfolio Recovery did ask for a summary judgement and I sent in an opposition to that and the judge dismissed their summary judgement. I sent Portfolio Recovery my set of questions for them to answer and return  within 30 days and I never received anything from them and it has been 45 days. today i received an envelope from them by UPS with a notice to the court for a voluntary dismissal. the voluntary dismissal is without prejudice. My court date was to be this week January 16th. I have checked the court records on line and this notice is not posted on there could be that the courts may have received their notice today and have just not posted it yet though. I will keep checking the court docket to see if this gets posted though. Now should I show up in court on January the 16th just to be on the safe side and I wanted this to be dismissed with prejudice so they can't sue me again. I have all my paperwork ready for court with my notes and the proof of mailings for the set of questions that I sent them that were never returned to me on time. I am going over the forum looking for answers to my questions but thought if I put this question out to forum members to see if I could get some answers a little faster. This has been a very stressful 6 months looking up information and making sure I have sent all requested documents to the court on time and without the help of this forum I never could have done it on my own. I would greatly appreciate any help that I can get, thank you.

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Unless you hear from the court specifically, then yes, I would show up.  I have heard of a JDB passing off documents that are supposed to look "official" but are really not.  Then, if you do not show, they will, and they will get a default against you. 

 

I would also call the court clerk's office first.  Let them know what you have received and ask them to simply confirm if they have a record of the plaintiff filing a motion to dismiss.  I would not worry as much about "with prejudice"....in a case I am just finishing up dealing with the first part of, the plaintiff sued me when I was not in default(original creditor) and then committed fraud upon the court, myself, my insurance company, and possibly even the IRS.....and then they dismissed without prejudice, even after they acknowledged being paid in full.  If they filed a MTD and the judge has already signed off on it, you will not get the judge to change his/her mind.  I just got off the phone to the judge's office in my case, trying to see about having a hearing to make the court aware of the fraud that has been done in this case.  I will have to file a new case to bring action upon these issues.  Once the dismissal is signed, it is done. 

 

On a lighter note, congrats!  Without prejudice is still a win.  And, if they try to come after you again, you are better prepared now. 

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Congratulations on the MSJ defeat! 

 

At this point I will just repeat what was said above and that is to make sure and show up. Do this unless the judge shows up at your house with a dozen roses and tells you to stay home. If you are the only one that shows up ask for a dismissal with prejudice. It never hurts to try. If you show up and they try to hit you with something that you are not prepared for ask for a continuance. Be prepared for anything because you probably already know PRA doesn't play fair. 

 

Good Luck! 

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Thank you for the reply, at this point I am watching the court site and I will call tomorrow to see if the clerk has received the same dismissal as I did. In checking the document I received today i noticed that the heading has the county court on it however all others documents that were sent to the court had their address on it also. So I am thinking that this may be one of their sneaky ways of making me think it has been dismissed and not show up so they can win. I also noticed that for some reason the document I received from the court says my court time is 10:30 am but on the court website it says 10:00 am I will confirm the time when I call them tomorrow, I had planned on being there when they open so I know I won't be late. Hopefully the dismissal is for real and this will all be over with in a few days, and then all I have to do is worry if they try to sue me again. But if they try the second time lookout because I am better prepared for them now. Again thanks for all your help I couldn't have gotten through this without all the help I received from everyone here. 

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That's why i'm going to make sure I'm at the court house on January 16th even if I call and the clerk says they have a copy of the dismissal. They filed for a summary judgement even before my paperwork was due back to them and said that my paperwork had not been received by them in the allotted time. Every document they sent me to fill out and return was by UPS with no signature required the UPS guy just put it in my mail box. On their documents though they wrote that the documents were sent by USPS and their dates of mailing were 5 days before they were actually mailed. So when I filed an opposition to the summary judgement I made the clerk copy every paper they sent me with this information on it and noted that in my opposition as exhibit a to z she had a lot of papers to copy but I wanted to get my point across. Also my documents were coming from 2 different attorneys and the returned documents were to be addressed to that specific attorney, so on my opposition I noted that and said that maybe if they stuck with one attorney they would know what was going on. All my documents now have been coming from only 1 attorney. I don't trust them and until I get a court stamped and dated dismissal in my hands I won't believe it. 

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Congrats on your dismissal, same here, must be standard operating procedure for them. Throw in the towel to cost save. But...as you said preparedness is at hand.

Surprising of how the mind reacts from positive energy that one receives just from reading the members posts. Their are lots of good people here, one just has to read and research, I have not been steered wrong yet. Don't miss your court date.

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