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IowaDadof3

Withdrew Motion for Summary Judgement

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I just heard from the court that the creditor withdrew his motion for summary judgment. What is next? What will they try to do? Can I file a motion to dismiss with prejudice or will they just look at that and say "What is this for since the case was withdrawn?" Do I need to worry about the creditor renewing their motion for summary judgment? Do I need to worry about the creditor filing another motion? If he does, can I use the fact that he withdrew the motion for summary judgment, against him?

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You're probably talking about a Motion to Withdraw Motion for Summary Judgment.   Without knowing anything about the case, there's no way to know why the creditor decided to withdraw their MSJ.  It's always possible they'll refile.  The case itself hasn't been withdrawn.

If you just heard about this, a copy of the Motion may not have arrived in the mail yet.

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13 hours ago, LaneBlane said:

You're probably talking about a Motion to Withdraw Motion for Summary Judgment.   Without knowing anything about the case, there's no way to know why the creditor decided to withdraw their MSJ.  It's always possible they'll refile.  The case itself hasn't been withdrawn.

If you just heard about this, a copy of the Motion may not have arrived in the mail yet.

I called the court and their words were, the plaintiff withdrew the case. I’m sure that the judge granted this withdraw because I was supposed to appear by telephone which was granted by the judge and the judge said that his assistant would call at 9:30am yesterday and I never received a call and I called the court 3 times and the third time they said that it was withdrawn. Should I send a motion to dismiss with prejudice? Or what do I do next?

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1 hour ago, IowaDadof3 said:

I called the court and their words were, the plaintiff withdrew the case. I’m sure that the judge granted this withdraw because I was supposed to appear by telephone which was granted by the judge and the judge said that his assistant would call at 9:30am yesterday and I never received a call and I called the court 3 times and the third time they said that it was withdrawn. Should I send a motion to dismiss with prejudice? Or what do I do next?

On what grounds would you file a motion to dismiss? 

All of this just happened.  Once you're served with additional documents you can determine what action, if any, needs to be taken. 

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Don't put any weight on what the people answering the phones tell you. "Withdrawing their case" is not even a thing. As Lane said, wait until you get paperwork explaining what happened before you decide what to do next.

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