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HHJTexas

JDB case dismissed with Prejudice. Can it be removed from Credit Report

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Sure by JDB.  Judge dismissed with prejudice when JDB did not respond to any discovery (Admissions,  interog, document request) and failed show for trial. Since its dismissed w/ prejudice can I file to have removed from credit report? 

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43 minutes ago, HHJTexas said:
 

Sure by JDB.  Judge dismissed with prejudice when JDB did not respond to any discovery (Admissions,  interog, document request) and failed show for trial. Since its dismissed w/ prejudice can I file to have removed from credit report? 

Note that the dismissal will have no effect on the original creditor’s entry on your credit report (assuming the original creditor is reporting).

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**Updated**  Plaintiff filed a motion to Motion to Reinstate.. Claim they had it "Miscallandered".. Total BS. They talked to the clerk in her office 3 days before trial. They also tried to get a delay 2 weeks prior to trail. It was dismissed "with Prejudice", so not sure if the Motion to reinstate will be considered.

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Sounds like a case where you had shown up for court and they did not. At that point you moved for a dismissal with prejudice and obtained it. Now, they realize their mistake and want to reinstate their case. The first question is, did they file their motion within the time for an appeal. If so, they might have a good reason to get it reinstated. Many of us recommend that summary judgements be set aside after they are granted because an answer to the case was not filed. If the request was not within the time limit for appeal, you would have a case there that it should not be granted.

Your only other option is to try to oppose the motion using case law from Texas to convince the judge to not reinstate the case.

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On 1/26/2020 at 3:23 AM, HHJTexas said:
**Updated**  Plaintiff filed a motion to Motion to Reinstate.. Claim they had it "Miscallandered".. Total BS. They talked to the clerk in her office 3 days before trial. They also tried to get a delay 2 weeks prior to trail. It was dismissed "with Prejudice", so not sure if the Motion to reinstate will be considered.

They may be able to file an appeal but I doubt they could successfully get it reinstated since it was dismissed with prejudice.  They don't have much hope-  criminy, repeatedly misreading a calendar is about the sorriest excuse I have seen to base an appeal on!

Is this law firm Rausch, Sturm, Israel, Enerson & Hornik?  Their latest antic is to file the lawsuit, no response to discovery, no response to "meet and confir" letter regarding a last chance before filing a motion to compel the answers.  Suit nearly always ends up dismissed for want of prosecution without prejudice then they just start the whole thing over again.

For the last year or so I have been recommending filing a No-evidence Motion for Summary Judgment after seven days failure to answer letter stating that a motion to compel will be filed.  Include a proposed order worded, "...dismissed with prejudice" for the judge to sign.  It is highly likely that they will "miscalendar" the hearing for the MSJ also so with no one there to ask for "without prejudice" then it will be over and done with.  Why give them anymore chances to continue disrupting your life?

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**Updated**  Plaintiff filed a motion to Motion to Reinstate.. Claim they had it "Miscallandered".. Total BS. They talked to the clerk in her office 3 days before trial. They also tried to get a delay 2 weeks prior to trail. It was dismissed "with Prejudice", so not sure if the Motion to reinstate will be considered.

 

 

Yes, the law firms Raucsh.. They did not respond to any discovery request (including request for admissions), that was part of the reason we convinced the judge to dismiss with prejudice. However, the District Judge was a visiting Judge, so the Motion to Reinstate will not be decided by him/her. They filed motion a few days before 30 day mark.

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I would try to file a motion opposing their motion to reinstate. In it, I would state that the other party has not, before this motion to reinstate, participated in case because of their lack of response to your discovery and lack of attending the meet and confer. I would also state that their calendering issues are prejudicial to you and a waste of the courts time.

I would also get a motion to compel discovery and a motion to deem admissions admitted set up (after opposing their motion). If their motion is granted, immediately file those. If they don't answer those motions (and you get your admissions admitted), then file a motion for no-evidence summary judgement. That should put an end to this for once and for all.

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Did a little research on Rauchs lawyers in the local district court. Cant really find 1 case where they actually went to trial. Most cases were 1)  default.  2) DWOP because of inactivity or 3) DWOP / Dismissed because the plaintiff Didn't announce Ready for trial or failed to show. This includes the specific lawyer who filed the Motion to Reinstate. I found numerous instance where he didn't announce ready so it was dismissed or filled to show for trial. Would a judge listen to or review any this in court? 

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Rather than focusing on their actions in other cases, you need to focus on their actions in your own case in your opposition to their motion. From  what I see, you have 3 ways you can attack this (and I would use all 3):

  1. That the miscalendering of the case is not the courts fault or the defendants fault and that it is not an excuse to miss a court date.
  2. That they have yet to participate in the prosecution of this case by not answering your discovery or by making discovery requests of their own
  3. I think you mentioned that they requested a continuance before this court appearance date. If so, complain to the court that they are making a end run around court process and if allowed to continue the case, the plaintiff is showing that it is better to ask the court for forgiveness rather than permission.

You could bring up the other cases in telling the judge why their decision to dismiss with prejudice was correct but that would be at the end (or even in oral arguments if they are allowed). Instead, concentrate on the above 3 reasons from your case (and try to find case law to back you up) and you should be able to fight this off.

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LATEST UPDATE...

 

Strange thing about a motion hearing not being set yet. In a few week the motion will be overridden by operation of law if motion reinstatement is not a signed written order. Imnot ousting any buttons and waiting for the clocktorun out for JDB.

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12 hours ago, HHJTexas said:

LATEST UPDATE.... Plaintiff filed motion to reinstate on day 30 the last day to file. My lawyer was worried that he didn't have the power to DWOP w/ Prejudice, but case law clearly gives a judge the right to dismiss w/ Prejudice. Plaintiffs motion hearing has not been scheduled yet. (very strange). Im not sure if we need to file a brief with the court against the motion to reinstate or wait make oral arguments at the hearing. If Judge reinstates I can file a motion for admissions to be deemed admitted, motion for no evidence summary judgment and motion to compel, bu they will just file DWOP and get to start over again, correct?

 

Strange thing about a motion hearing not being set yet. In a few week the motion will be overridden by operation of law if motion reinstatement is not a signed written order. Imnot ousting any buttons and waiting for the clocktorun out for JDB.

How long has your lawyer been on the case?  You had not mentioned hiring an attorney before. It sounds like he/she doesn't have a clue as to how to deal with JDB's.  Did you take heed to anything that @WhoCares1000 told you?  That was excellent advice and if you apply it this should be over and done with very soon.

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