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Case dismissed without prejudice - Allowed. what does this mean in real life please?


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Case dismissed without prejudice - Allowed.  what does this mean in real life please?

 

CC BIG BANK trying to serve me for CC in 2013

 

I have never been served or even notified. 

 

However when i looked up the case in the docket it said this:  

 

CCBIG BANK  Notice of motion filed 8/30/15

 

CC Proof of service filed 8/30/15 ????

 

CC  Motion Filed  8/30/15

 

CC  MOTION scheduled 9/10/15 

 

9/10/15   case dismissed without prejudice - ALLOWED

 

1)  the case was from 2013 and I was never served.

 

2) even thought It says proof of service I never got any of any kind. or notice even. 

 

3) I was in a hospital as i had a heart attack and surgery during the last 3 months.

 

4) Does this mean they somehow served me, got a settlement or judgement against me, and I never even was informed?  

 

WHERE does the term Case dismissed without prejudice - Allowed,  leave me in real life?   what does it mean? 

 

Thank you so much  i find this very confusing.  and I can't afford the additional stress right now...

 

 

 

 

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@slavenomore

 

No, they did not get a judgment against you.  They dismissed the lawsuit on their own.  A dismissal without prejudice means they can sue again, if they choose.

 

You need to find out how service is effectuated in your state.  Can they leave the summons and complaint at your doorstep?  Can they leave it with someone else at your home? 

 

If you're curious as to how they claimed you were served, go to the courthouse and look through your file.

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@slavenomore

 

Yes, it's a good thing because you don't have a judgment against you.  Also, because they dismissed, the SOL on the debt was not "tolled" (the SOL clock is still running as if the lawsuit was never filed).  Whether or not the bank will refile the lawsuit is anyone's guess. 

 

There's no way of knowing why they dismissed.  I can't say that it's a "tactic" because it didn't help them in any way.

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@slavenomore

 

Right.  No lawsuit against you at this time.   Because I tend to be a tad paranoid, I'd call the court to make sure the information in the online docket is correct.

 

Yes, keep checking the docket to see if a new action has been filed.

 

Check your credit report to see if a date of last payment is listed.   It should list a "date of first delinquency" (DOFD), but that's not always the same as the date of last payment.   However, a DOFD might give you an idea of the date you last paid if no date of last payment is reported.  Then take that information and check your bank records for that period to determine or confirm the date.

 

If you decide to look in your file at the courthouse, the complaint that was originally filed might list a date of last payment but, of course, we don't know for sure.

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@slavenomore

 

To find out how they served you, you'd have to look in the court file.   Court records are public records, so just about anyone can look in court files.  At my court, I can look in my files without anyone being notified. 

 

I would think the creditor would not be notified if you looked in the file, but ask the clerk of court to make sure because I don't if the rules are the same everywhere.

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@slavenomore Go to the court house and get a copy of the signed dismissal.  This will be your proof that there is no longer a lawsuit open against you.

 

Also, if you want to look at the service certificate it will probably answer your question.  Most court's websites don't give details, but my guess (and mind you, this is only a guess) is that they had to file a certificate of service with the court but that doesn't mean they claimed you were actually served.  The certificate of service could quite possibly say "not served" or "not found". 

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Service of Process in IL

 

 

1. Persons Authorized to Serve Process Service need not be made by a sheriff of the county in which the service is to be made. 735 ILCS 5/2-202(a). In all counties except Cook, the sheriff may employ civilian personnel to serve process. In addition, in all counties except Cook, process may be served, without special appointment, by a person who is licensed or registered as a private detective under the Private Detective, Private Alarm, Private Security Locksmith Act of 2004 or by a registered employee of a private detective agency certified under the Act. 735 ILCS 5/2-202(a).

 

In all Illinois counties, the court may order service to be made by a private person over 18 years of age and not a party to the action. Id. The process server must endorse his or her return on the summons and file the summons with the court. If service is by a private person, the return can be by affidavit. Id. “Return” is the report back to the court by the process server that he/she has served the summons or attempted to do so. Id.

 

2. Place of Service  Summons may be served upon defendants wherever they may be found in Illinois by any person authorized to serve process as described above. 735 ILCS 5/2-202(B).

 

The officer … or other person attempting service ... [must]: (a) identify the sex, race and approximate age of the defendant or other person with whom the summons was left and (B) state the place where (whenever possible an exact street address) and the date and time of the day when the summons was left with the defendant or other person. 735 ILCS 5/2-203(B). Any person who knowingly makes a false statement in this regard is liable in civil contempt. 735 ILCS 5/2-203©.

 

- 3 - Service may also be made on defendants who are not present or who cannot be found in Illinois. These defendants may be served in their state or county of residence. Again, the sheriff or process server must make a return to the Illinois court establishing the particulars of the service of summons in the same manner as required for service within the State of Illinois. 735 ILCS 5/2-208.

 

Service on Individual Defendants Service of summons may be made directly by the process server handing the summons and complaint to the individual defendant or, in the alternative, by abode service. 735 ILCS 5/2-203(a). Abode service consists of the process server handing the summons and complaint to a member of the defendant's family 13 years of age or older, who regularly resides at the defendant's residence, and the subsequent mailing of the summons and complaint to the defendant at that address. 735 ILCS 5/2-203(a). Abode service is sometimes referred to as substitute service

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I am curious as to what the word "allowed" signifies; perhaps just a formality in your state meaning the motion was granted?  Just my own speculation but they probably just recently realized they had screwed up and had never actually served it so they filed the motion for dismissal without prejudice leaving them the option to refile.  Hopefully your SOL expires soon. 

 

Good luck on your recovery.

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@slavenomore Go to the court house and get a copy of the signed dismissal.  This will be your proof that there is no longer a lawsuit open against you.

 

Also, if you want to look at the service certificate it will probably answer your question.  Most court's websites don't give details, but my guess (and mind you, this is only a guess) is that they had to file a certificate of service with the court but that doesn't mean they claimed you were actually served.  The certificate of service could quite possibly say "not served" or "not found". 

 

 

Thank you I will try that.  it is very confusing.  also I want to know how they say they did serve me so i can protect against that or strategize in case they refile. 

 

The Sol is 5 years so i am guessing 2017 if they filed in 2013

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I've noticed some Plaintiffs will attempt to serve you and when that doesn't happen they dismiss without prejudice hopefully not reviving the case before the SOL is met. Those sent a copy of the Motion to Dismiss through the mail and that matched the court's online entry showing dismissal. Others if having trouble getting you served (like getting through the gate of an apartment complex) will either request alternative service with the judge so they can do it by certified mail or they'll have the sheriff do it since they can get through the gate.

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P.S. one guess for the voluntary dismissal is their case may get thrown out under IL Supreme Court Rule 103 b Dismissal for Lack of Diligence.

http://www.illinoiscourts.gov/supremecourt/rules/Art_II/ArtII.htm#103

 

I also think the five year SOL is extended to six years under 735 ILCS 5/13-217 if they can wait until the last day before SOL expires to dismiss the case.

"plaintiff may commence a new action within one year or within the remaining period of limitation, whichever is greater."

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@slavenomore

 

They're not actually interpretations of the dismissal but speculations as to the reason for the dismissal.

 

In my state, if one is not served, an "affidavit of non-service" must be filed.  However, occasionally a mistake can be made and a clerk will note an "affidavit of service" and leave out "non".  

 

It is cause for wonder in your situation because the lawsuit was dismissed a month after the proof of service was filed.  I can offer the possibility that the attorney for the plaintiff determined that service was not proper in some way, so he dismissed.  

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