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 893 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 893 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
LILI 0 Report post Posted February 10 On 5/15/2017 at 12:18 PM, GreenArrow said: 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? Hi, I'm in the same boat. Received a Request for dismissal with proof of service dated January 30, 2020. But my case does show up online, but this request for dismissal doesn't. What ended up happening in your case? Was it finally dismissed? Quote Share this post Link to post Share on other sites
GreenArrow 8 Report post Posted February 18 On 2/10/2020 at 6:09 AM, LILI said: Hi, I'm in the same boat. Received a Request for dismissal with proof of service dated January 30, 2020. But my case does show up online, but this request for dismissal doesn't. What ended up happening in your case? Was it finally dismissed? Hi, they NEVER showed up and the judge was super upset with them. I had my trial brief and everything else ready too. It may have been a default judgement if I didn't show up. Quote Share this post Link to post Share on other sites
WhoCares1000 730 Report post Posted February 18 1 hour ago, GreenArrow said: Hi, they NEVER showed up and the judge was super upset with them. I had my trial brief and everything else ready too. It may have been a default judgement if I didn't show up. The only reason you did not get a default judgement for the defendant is that you did not move for the court to do it. Had you requested it at trial, the judge would have probably granted it. Quote Share this post Link to post Share on other sites
LILI 0 Report post Posted February 24 On 2/18/2020 at 9:13 AM, WhoCares1000 said: The only reason you did not get a default judgement for the defendant is that you did not move for the court to do it. Had you requested it at trial, the judge would have probably granted it. How do you request the default judgment for the defendant at trial. Is that a form you file, or you just ask the judge? Quote Share this post Link to post Share on other sites
WhoCares1000 730 Report post Posted February 24 You ask the judge via an oral motion at the court. "Your honor, I move for a summary judgement for the defendant because the plaintiff did not provide any evidence that I owe this debt (since they are not in court)." The problem with most lay people (and may green lawyers) is that they are scared to do something like that. It is one of the things they practice in law school for mock trials. Quote Share this post Link to post Share on other sites
MsKA 0 Report post Posted February 25 4 hours ago, WhoCares1000 said: You ask the judge via an oral motion at the court. "Your honor, I move for a summary judgement for the defendant because the plaintiff did not provide any evidence that I owe this debt (since they are not in court)." The problem with most lay people (and may green lawyers) is that they are scared to do something like that. It is one of the things they practice in law school for mock trials. I am heading to court for a pre-trial hearing of my own this coming Friday. So far, they've sent me their discovery requests (which I responded to, properly and in time). I sent them my own set of discovery, which they've failed to respond to within the allotted time and have therefore not proved I owe the debt (the answer I filed to the original summons had affirmative defenses, including failure to state a claim based on no verification of the debt). Should I go ahead and motion the court on Friday to dismiss/enter a summary judgement for the defendant (me) since they've failed to prove anything thus far? Is that too optimistic hoping it would be granted this early? Quote Share this post Link to post Share on other sites
WhoCares1000 730 Report post Posted February 25 You need to file a motion to force discovery. If you sent admissions, you can file a motion to deem them admitted. Quote Share this post Link to post Share on other sites
