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Midland Funding LLC


dalypen
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I received a warrent in debt from a attorney for midland funding llc and a court date of march 12. then I received a letter the other day from the same lawyer saying Praecipe please dismiss XXX Non-suit/without prejudice. Does that mean they dropped the case. Thanks 

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Don't trust them! Please take that letter to the courthouse and confirm it was dismissed. Midland like to trick people into things like this then you are a no show at court and they get a default judgement against you.

Thanks, I was thinking of doing that. Just didnt sound right. and the paper I recieved didnt even look like a official document

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@dalypen

§ 8.01-229. Suspension or tolling of statute of limitations; effect of disabilities; death; injunction; prevention of service by defendant; dismissal, nonsuit or abatement; devise for payment of debts; new promises; debts proved in creditors' suits.

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&cad=rja&ved=0CC8QFjAB&url=http%3A%2F%2Fleg1.state.va.us%2Fcgi-bin%2Flegp504.exe%3F000%2Bcod%2B8.01-229&ei=KvD3UvH-JfTJsQTqr4HgDQ&usg=AFQjCNECS8gBTlWa_9E1tvsrHqjPN7LP6A&sig2=lH7vY6GwYKEoaazxZKQs1g&bvm=bv.60983673,d.cWc

 

 

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&ved=0CCkQFjAA&url=http%3A%2F%2Fleg1.state.va.us%2Fcgi-bin%2Flegp504.exe%3F000%2Bcod%2B8.01-380&ei=KvD3UvH-JfTJsQTqr4HgDQ&usg=AFQjCNGTL42yQk2nstsLOmWqch2sERX51g&sig2=Kcpzy_rDKNgSFTsyADC6wg&bvm=bv.60983673,d.cWc

 

§ 8.01-380. Dismissal of action by nonsuit; fees and costs.

A. A party shall not be allowed to suffer a nonsuit as to any cause of action or claim, or any other party to the proceeding, unless he does so before a motion to strike the evidence has been sustained or before the jury retires from the bar or before the action has been submitted to the court for decision. After a nonsuit no new proceeding on the same cause of action or against the same party shall be had in any court other than that in which the nonsuit was taken, unless that court is without jurisdiction, or not a proper venue, or other good cause is shown for proceeding in another court, or when such new proceeding is instituted in a federal court. If after a nonsuit an improper venue is chosen, the court shall not dismiss the matter but shall transfer it to the proper venue upon motion of any party.

B. Only one nonsuit may be taken to a cause of action or against the same party to the proceeding, as a matter of right, although the court may allow additional nonsuits upon reasonable notice to counsel of record for all defendants and upon a reasonable attempt to notify any party not represented by counsel, or counsel may stipulate to additional nonsuits. The court, in the event additional nonsuits are allowed, may assess costs and reasonable attorney fees against the nonsuiting party. When suffering a nonsuit, a party shall inform the court if the cause of action has been previously nonsuited. Any order effecting a subsequent nonsuit shall reflect all prior nonsuits and shall include language that reflects the date of any previous nonsuit together with the court in which any previous nonsuit was taken.

C. If notice to take a nonsuit of right is given to the opposing party within seven days of trial or during trial, the court in its discretion may assess against the nonsuiting party reasonable witness fees and travel costs of expert witnesses scheduled to appear at trial, which are actually incurred by the opposing party, solely by reason of the failure to give notice at least seven days prior to trial. The court shall have the authority to determine the reasonableness of expert witness fees and travel costs. Invoices, receipts, or confirmation of payment shall be admissible to prove reasonableness without the need to offer testimony to support the authenticity or reasonableness of such documents, and may, in the court's discretion, satisfy the reasonableness requirement under this subsection. Nothing herein shall preclude any party from offering additional evidence or testimony to support or rebut the reasonableness requirement.

D. A party shall not be allowed to nonsuit a cause of action, without the consent of the adverse party who has filed a counterclaim, cross claim or third-party claim which arises out of the same transaction or occurrence as the claim of the party desiring to nonsuit unless the counterclaim, cross claim or third-party claim can remain pending for independent adjudication by the court.

 

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@Brotherskeeper

 

 

D. A party shall not be allowed to nonsuit a cause of action, without the consent of the adverse party who has filed a counterclaim, cross claim or third-party claim which arises out of the same transaction or occurrence as the claim of the party desiring to nonsuit unless the counterclaim, cross claim or third-party claim can remain pending for independent adjudication by the court.

 

 

 

What did I miss?  Did the OP file a counterclaim?

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In regards to the dismiss praecipe non-suit/without prejudice letter I received from midland funding just days after receiving the warrent in debt.

I checked the courts website and still the case is not dismiss.I will call in the middle of the week to verify. If this was the case and I was tricked into thinking the suit was dismiss and it was not, then that letter is grounds of misleading. How can a company trick someone from not going to court thinking the case was drop. Just puzzle on how a company can get away with tricking people. Also how many Midland Funding employees or any other debt collecting companies are trolling this website. just a thought.Thanks for all the professional advice on this topic.I will keep you informed on my happy trail to the courthouse next month.

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@dalypen

If I understand the Virginia rules correctly (I am NOT a lawyer), the Plaintiff has to have your consent before filing the nonsuit if you filed a counterclaim against them. If you read § 8.01-229(E)(3) linked to above, it appears that they can refile the same lawsuit within 6 months. Do you know when the statute of limitations may be up for this alleged account? Good luck and keep us posted.  

 

I think you're correct to assume that anything you post here with specific identifying information may be read by your adversaries. If they do lurk here, they must be kept very busy trying to stay on top of the many CIC posters! 

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