GreenArrow 8 Report post Posted May 4, 2017 First off, I have to thank @ASTMedic @calawyer and everyone else on the forums for helping me win this! I couldn't have done it without your knowledge! I just received the form CIV-110 stating that Portfolio is filing for a dismissal without prejudice. I have a year left on the SOL. Is there a way, at this point, or should I even try and get the case dismissed with prejudice? 1 Quote Share this post Link to post Share on other sites
RyanEX 886 Report post Posted May 4, 2017 Plaintiff has the right to dismiss without prejudice any time prior to commencement of trial (opening statements). Nothing you can do about. But I wouldn't worry too much about them coming after you again, more than likely they have learned their lesson - you know how to fight back. They can always sell the account to another entity, but I think it would still be unlikely that someone else tries to sue you on this one. Don't relax until it's official, once your court informs you that it's been dismissed, you're good; until then keep preparing and show up to court ready for trial. Make it sting and file for your costs. And congrats!! 4 Quote Share this post Link to post Share on other sites
GreenArrow 8 Report post Posted May 4, 2017 Thanks! I'll keep preparing for trial…just in case. Is there any reason that they would withdrawal their request for dismissal? Is there a general timeframe as to how long it takes to get an official dismissal from the court? Quote Share this post Link to post Share on other sites
RyanEX 886 Report post Posted May 4, 2017 More than likely they are dismissing, but there is a story or two out there of defendants being told the case was being dismissed only to have the lawyer show up on trial day ready to go. You've been sent a Req for Dismissal so you're probably good, but still a good idea to make sure til the court records it. Not sure about the time frame. 2 Quote Share this post Link to post Share on other sites
GreenArrow 8 Report post Posted May 5, 2017 I'll definitely keep going until I get that official dismissal, thanks again! Quote Share this post Link to post Share on other sites
calawyer 1,848 Report post Posted May 7, 2017 On 5/4/2017 at 1:58 PM, GreenArrow said: First off, I have to thank @ASTMedic @calawyer and everyone else on the forums for helping me win this! I couldn't have done it without your knowledge! I just received the form CIV-110 stating that Portfolio is filing for a dismissal without prejudice. I have a year left on the SOL. Is there a way, at this point, or should I even try and get the case dismissed with prejudice? Excellent! One problem that sometimes happens is that they screw up the form (believe it or not) and it gets rejected by the clerk. If you look on line, this is usually reflected in a docket entry. If it does not get rejected, the clerk usually makes a notation like "dismissal entered as requested". Again, congrats!!!!!!!!!!!!!!!!! 1 Quote Share this post Link to post Share on other sites
GreenArrow 8 Report post Posted May 12, 2017 Thanks! For some reason the case never showed up online. I had this happen to my other case…which I just got a dismissal on too!!!!! This other one was for Midland. I'll call the court and see if there were any issues. Thanks again!!!! Quote Share this post Link to post Share on other sites
GreenArrow 8 Report post Posted May 15, 2017 I just contacted the court clerk (because neither of my cases show up in an online record search) and they still haven't received either of the dismissals. One dismissal was dated May 1st and the other May 5th from the JDBs. Is this typically how long it should take for the clerk to receive them? OR is this some tactic that they try to get a default judgement? Quote Share this post Link to post Share on other sites
