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I am getting ready to go on the 18th to a hearing to dismiss the lawsuit against me because of lack of prosecution. According to the clerk's office, no one has shown any evidence in over a year (See my previous posts) and the clerk wants to dismiss. Now the attorney is "begging" not to dismiss because according to them, we have failed to respond, which we did a little over a week after we got served in 2007 and have the certified receipt that they received it.
I spoke to an attorney about this and unfortunately he could not go with us to court because of previous committments, but he told me that the case looked like it was going to get dismissed without prejudice, giving the CA another chance to come after us.
I am trying to find out if anyone has "won" their suit and had everything dismissed.

munchkin130 · Posted: Tue Jun 03, 2008 5:23 pm Subject:

I did! And without a lawyer thanks to the helpful advice here.

I live in IL & was being sued by a junk debt buyer on old cc. After learning about junk debt buyers and how they operate I was not about to go down easily. At every court date I was sick w/worry, not knowing what the outcome would be. But I won & here's how it went down:

I went to 1st court date & filed my answer. I simply stated that I deny owing & demanded DV. If DV couldn't be provided I requested the case be dismissed with prejudice. When our case was called their lawyers seemed surprised I even filed an answer & asked for a continuance - telling judge that I requested documents that they need time to get.

At 2nd court date a different lawyer shows. When our case is called he fumbles through his papers, looking for DV which was not there. Finally he tells judge he didn't have anything. Judge asks if he wants bench trail & he says "Yes".

At 3rd court date, the bench trail, I was worried sick again. I didn't know what was going to happen. When our case was called I didn't even have to speak, their laywer told judge "This case is dismissed with prejudice".

Hope this helps.....good luck.

Posted: Tue Jun 03, 2008 6:19 pm Subject:

OMG that is great news!!!! I do not know what I am getting in to, but I have my papers and responses and answers with dates, etc. I hope the judge is neutral and understand that this company is not following procedure. I will keep all of you posted.

Posted: Tue Jun 03, 2008 6:42 pm Subject:

I would highly suggest going into this with legal council. If you cannot afford it you can at least check my signature link for a WEX legal dictionary as well as a guide to civil procedures by state and district.

Posted: Tue Jun 03, 2008 7:39 pm Subject:

I have one week before my court date and i am scared to no belief.

i am still confuse about showing up since i never got summons. and i have yet to hear anything from LVNV to fight the dismisaal as with MS. IRhall41 case.

tampa is two hours away and i think i am just going to make that drive to face the music.

Cellular · Posted: Tue Jun 03, 2008 8:52 pm Subject:

If court is two hours away, is it safe to assume that you do not live in the same county that you got served in? Go to court, you do not want a default judgement entered.

If they serve you in court ask the judge to dismiss the summons on the bases of improper venue, show the court your driver's license if it has your proper address or a utility bill in your name. Or if they serve you elsewhere just go to the court clerk and file a response claiming improper venue.

They will eventually find you or they will obtain a default judgement and it will take a lot of time and possibly money to fix.

Posted: Wed Jun 04, 2008 4:48 am Subject:

thanks for your advice, Cellular...

yes, i know longer reside in that county.

7 more days Sad

Posted: Wed Jun 04, 2008 6:38 am Subject:

If they have sued you in a court within a county you do not reside in that would be considered improper venue. You could motion for dismissal on those grounds (without prejudice) and make them have to refile in your county.

Guest · Posted: Wed Jun 04, 2008 8:19 pm Subject:

I am a lawyer that has given anonymous advice on this site before. I want to share some experience I have had with lawsuits involving debt buyers. Much of the time they do not have evidence. In Texas we file a no-evidence summary judgment motion. If the debt buyer cannot produce the evidence for breach of contract, your motion is granted and the debt buyer cannot refile the case. We are getting so many of these cases thrown out of court that many firms now nonsuit their own case when we file an answer. My point is that the worst thing you can do is nothing. If you don't even answer the lawsuit, they will get a judgment even without having to prove their case. Make them prove it, or better yet, go to naca.net and find a knowledgeable consumer lawyer to get the case thrown out or even find counter claims against the debt buyers. texasrobinhood.com

Posted: Thu Jun 05, 2008 5:44 am Subject:

Thank you for those kind and wise words Guest.

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