Post pretrial discussion, Portfolio Recovery Associates made a motion to DISMISS without prejudice, now what...?

[not_me_ok]

Portfolio Recovery Associates is trying to dismiss their claim BUT they are running away. If I leave it like this, they will attempt to come back in a couple of years and play the same game. I was going to win because they have a CONSENT ORDER against them until the year 2020, explaining how they are not allowed to bring to court when they lack the proper verifications, they have a dubious BILL OF SALE and no records of previous owners of the debt.  In order to file my answer, I had to pay $96.00. I wasn't planning to sue them because I didn't want to collect any money other than my out-of-pocket expenses. I want a DISMISSAL (WITH) prejudice. Do I have to make a motion to the court, or should I just show up the day the trial was scheduled and ask the judge then?  I don't have a lawyer,... is it too late in the game to get one? If I get one, can I ask for reimbursement for the cost of the lawyer and the cost of filing all these documents?   

[Clydesmom]

45 minutes ago, not_me_ok said:

Portfolio Recovery Associates is trying to dismiss their claim BUT they are running away. If I leave it like this, they will attempt to come back in a couple of years and play the same game.

Unfortunately they do not need your permission to dismiss their case.  No, they won't come back in a couple of years.

46 minutes ago, not_me_ok said:

I was going to win because they have a CONSENT ORDER against them until the year 2020, explaining how they are not allowed to bring to court when they lack the proper verifications, they have a dubious BILL OF SALE and no records of previous owners of the debt. 

No, you were not going to win based on that.  The consent order is between PRA and the CFPB.  Neither the courts nor consumers have any right of action in it.

47 minutes ago, not_me_ok said:

I want a DISMISSAL (WITH) prejudice. Do I have to make a motion to the court, or should I just show up the day the trial was scheduled and ask the judge then?

If PRA dismisses voluntarily and classifies it as without prejudice you have no choice.  The clerk will simply file it and be done. It never goes before the judge.  It won't be on the docket on what was the trial date so the Judge won't hear your motion.  Also, he cannot alter what PRA voluntarily withdraws on their own.

48 minutes ago, not_me_ok said:

If I get one, can I ask for reimbursement for the cost of the lawyer and the cost of filing all these documents?

Only if you sue them and win.

[WhoCares1000]

This was explained to you in another thread. You won. Be happy.

They are not going to come back in a few years. JDBs want easy wins, not cases that they have to spend resources fighting over. So few people that they file against answer with a decent enough answer to actually cause them to actually fight that they can let go of a case such as yours and still make money in the end. You account will be denoted with the term "They fight" and when (or if) sold, the next JDB in line will know not to try to sue you.

And if they do try to sue again, so what? You now know that you can use arbitration and thus can throw that up right away. It will be the same results.

Finally, as @Clydesmom has said, the plaintiff has the right to withdraw their complaint as they see fit. You really have had only one pre-trial hearing so you have not been prejudiced enough for a court to tell PRA to put up or shut up. You also did not do any discovery. Even if you had tried to fight it, the judge will simply overrule your motion and grant PRAs motion.

You won, they cannot collect. Accept it and move on.