GuyinAK

Sued by Absolute Resolutions Investments

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1 hour ago, nobk4me said:
 
 

I would also point out that here, the JDB walked on a $14K debt when faced with arbitration in JAMS.

Trying not to celebrate, but... Yeah 😀

Once I get that piece of paper, I'll come back here and will be thanking some people for sure!

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I would check your court rules and see if they are allowed to dismiss on their own after an answer is filed or a stay due to motion is in place.  Most courts say that in these instances, only a dismissal by stipulation is allowed.  This means an agreement between both parties.  If your court rules say that it must be a stipulated dismisal you have a choice to make.  You can allow them to circumvent the rules and take this dismissal without prejudice, or you can file an objection and state that the Plaintiff did not make any attempt to contact you and make any stipulation of dismissal per court rule [cite rule number]. I would then state that, nonetheless, Defendant will agree to a dismissal with prejudice in this case and ask the court to make this order.  This is the course I would go, personally.

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I did request for a stay with my MTC. It's not listed on the court website, but it was on the motion. The court will usually call out lawyers if they misfile or try to pull anything janky, I've scanned hundreds of other cases while dealing with my own, and the court's not afraid to blast them on the website when they are in error... So that leads me to think that this dismissal is okay as far as them filing for it because the court didn't say anything else, just that I needed to be served the dismissal as well.

 

So, do I need to wait to get the dismissal before I file an objection?

Thanks for chiming in, @fisthardcheese!

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It would not be unusual for an attorney to file something improper and the judge to accept it.  Judges do not act on their own. You must point out errors or wrong filings and cite the rules for them to do anything about it.  I would never assume it's all fine just because the judge allowed it.  I would be looking at the rules.

If it were me, I would file the objection immediately and not wait.

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I have been going through the rules and can't find anything stating that this action is improper... But I'll keep looking! I'll work on the objection as well.

 

Thanks again!

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Is this what I'm looking for?

Quote

Rule 41. Dismissal of Actions.
(a) Voluntary Dismissal—Effect Thereof.
(1) By Plaintiff—By Stipulation. Subject to the provisions of Rule 23(e), of Rule 66, and of any statute of the state, an action may be dismissed by the plaintiff without an order of the court: (A) by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs; or (B) by filing a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in any court of this state, or of any other state, or in any court of the United States, an action based on or including

(2) By Order of Court. Except as provided in paragraph (1) of this subdivision of this rule, an action shall not be dismissed at the plaintiff’s instance save upon order of the court and upon such terms and conditions as the court deems proper. If a counterclaim has been pleaded by a defendant prior to the service upon the defendant of the plaintiff’s motion to dismiss, the action shall not be dismissed against the defendant’s objection unless the counterclaim can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice.

(b) Involuntary Dismissal—Effect Thereof. For failure of the plaintiff to prosecute or to comply with these rules or any order of court, a defendant may move for dismissal of an action or of any claim against the defendant. After the plaintiff, in an action tried by the court without a jury, has completed the presentation of the plaintiff’s evidence, the defendant, without waiving the right to offer evidence in the event that a motion is not granted, may move for a dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. The court as trier of the facts may then weigh the evidence, evaluate the credibility of witnesses and render judgment against the plaintiff even if the plaintiff has made out a prima facie case. Alternately, the court may decline to render any judgment until the close of all the evidence. If the court renders judgment on the merits against the plaintiff, the court shall make findings as provided in Rule 52(a). Unless the court in its order for dismissal otherwise specifies, a dismissal under this subdivision and any dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction, for improper venue, or for failure to join a party under Rule 19, operates as an adjudication upon the merits.

 

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On 1/22/2020 at 2:48 PM, GuyinAK said:

by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs; or (B) by filing a stipulation of dismissal signed by all parties who have appeared in the action.

Yes, this is the rule.  They clearly violated this rule because you served them a copy of your answer which means they can only dismiss with a stipulation signed by ALL parties, and you did not sign or agree to a stipulation to dismiss.

I would file an objection and motion to dismiss with prejudice under Rule 41(b) " For failure of the plaintiff to prosecute or to comply with these rules or any order of court, a defendant may move for dismissal of an action or of any claim against the defendant. "

Because plaintiff has failed to comply with rule 41(a) by seeking any stipulation prior to their motion for dismissal, Defendant moves this court to dismiss this action WITH prejudice.

Even if the judge does not add "with prejudice" but DOES accept YOUR dismissal under rule 41(b), then it is basically the same thing because " dismissal under this subdivision and any dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction, for improper venue, or for failure to join a party under Rule 19, operates as an adjudication upon the merits. "

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Hello all, I realize this is a chain that is over a year old but I just read thru the entire thing - Such helpful information. 

I just got a notice that Absolute investments llc is suing me for a credit card debt.  it is $12k - a debt that I got a long time ago online thru credit karma.  I don't have a way to pay it back, and when i contacted the listed atty on teh summons (presummons, i havent received the actual one) they said the least they will take is $9k. (dont have that!) - how can I defend myself if this goes to court?  

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On 7/1/2020 at 4:02 PM, Vaness@ said:

Hello all, I realize this is a chain that is over a year old but I just read thru the entire thing - Such helpful information. 

I just got a notice that Absolute investments llc is suing me for a credit card debt.  it is $12k - a debt that I got a long time ago online thru credit karma.  I don't have a way to pay it back, and when i contacted the listed atty on teh summons (presummons, i havent received the actual one) they said the least they will take is $9k. (dont have that!) - how can I defend myself if this goes to court?  

Start your own thread for better help and include who the original credit card was with - what bank - and what year did you first default on the account.  You can also read the link in my signature below for further info on where to start.

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On 7/5/2020 at 10:16 AM, fisthardcheese said:

Start your own thread for better help and include who the original credit card was with - what bank - and what year did you first default on the account.  You can also read the link in my signature below for further info on where to start.

Thank you so much for this! I am super anxious - tough times and I'm hoping I can resolve this in a positive manner.  

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