Palisades Won't file Satisfaction of Judgement with Court

Does anyone know exactly what a motion to dismiss without prejudice means?

It means that the action is being dismissed leaving the plaintiff the ability to re-file

I was told that I need to get a ruling from the judge on my motion to set aside default judgement. Does anyone know why or how the judge expects this case will be resolved by the plaintiff filing a "motion to dismiss w/o prejudice"? How do I do I make sure that the judge knows I need a ruling on my motion? It just seems that the courts want me to just go away with a filing of dismissal.

is that what the judges chambers told you today?

I've only been talking with the clerks at the court house. Remember last week, (right after I filed my motion to set aside default judgment) the judge told the clerk (and the clerk told me) that if the plaintiff doesn't file a dismissal (?dismissal?) of the case within 2 days then he was going to set it for trial. I asked the clerk today (6 days later) if the judge was planning on making a ruling on my motion or going to set it up for a hearing? They told me to call back tommorrow by noon and the judge may have done something by then. You know that feeling you get like you are forgetting to do something or feel like you need to be doing something? I've got that! Do you think I need to write a letter to the judge about my case and file it today.

This is my theory about what could be going on here... If the plaintiff files dismissal of the case with the court, then the judge will erase the default judgement as though it never happened? Can he even do that??????? The consumer attorney I have is waiting on a ruling on the motion to set aside default judgment. Maybe there HAS to be a default judgment AND an order to set aside default judgement for the consumer attorney to have a good case for the FDCA violations. Theory feedback anyone? Argh!

Oh my I forgot to mention that when I called the attorney's for plaintiff today the legal assistant there also told me that Palisades sold my PIF account to a compnay called Track America. She said track america has had the account since last May (May 0. Palisades sued me last August (0 and has last reported to CB last Dec. (0 She even gave me the contact name for a guy over at track america. They are probably just trying to get me outta thier hair, idk.

any new updates on this problem with Palisades?

The consumer rights attorney is waiting on resolution of the case (order to set aside default judgement) before he will take over. I filed motion to set aside with court but so far only motion to dismiss has been granted. (A motion to dismiss the case does not take care of the judgement.) So I guess I am still waiting on the judge to enter a ruling on my motion for setting aside default judgement.

do you know when that might happen?

do you know when that might happen?

I just got off the phone with the clerk at the courthouse and she said that the judge has only ruled on (granted) the plaintiff's motion to dismiss with prejudice. Clerk said my motion to vacate judgement along with my motion to dismiss with prejudice is still in the judges office. She told me to check back Friday.

My motion to dismiss also included a request the court to:

Due to the correct status of this debt, and due to the plaintif's fraudulent and deceptive handing of this matter, I therefore ask that the court vacate and set aside the judgment against me and consider this matter dismissed with prejudice. I also ask that the court to order plaintiff to reflect the correct status of this debt as settled in full and correct all of the information that has been falsely reported to all of the credit bureaus.

Maybe this is why he he is taking longer to rule on my motions. If the plaintiff and the defendent both file a motion to dismiss, does the judge have to rule on both motions individually?

The judge won't be back in until Friday, so I will just have to sit tight till then.

well please report back as soon as you know anything at all!

Friday - I just wanted to report back on my progress. I am celebrating the completion of my first feat....DISMISSED AND JUDGMENT SET ASIDE! Oh my does it feel really good to assert your legal civil rights! I faxed all of the requested information over to the consumer rights attorney that smo65d11 found for me. Thank you smo! I will be waiting to hear from them. Due to the Colorado blizzard I may have to wait to hear back.

I just checked my mail and they sent me another copy of the motion to dismiss. This is the third one sent! Why so many? The first one was a "motion to dismiss without prejustice", the second one was a "motion to dismiss with prejudice" and the third one I received today is a "motion to dismiss with prejudice". Except the one received today has this added.

1. This matter has been resolved by and between the parties and accordingly believes that it would be in the best interest of all parties concerned that the matter be dismissed as to all claims, on as to the other.

WHAT DOES THIS MEAN? Does this mean that they cannot be sued as to any FDCPA or FCRA violation?!!!!

If this is so this would explain why it has been taking so long for the judge to rule on my motion to set aside.

I thought, and I may be wrong, that FDCPA violation cases are separate from the debts themselves. So, no matter what happens with the original debt case, you should still be able to pursue the FDCPA case.

Of course, I'm not attorney so someone please correct me if I'm wrong.

please let us know what the attorney says (and I was happy to help you!)