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Posted: Tue May 06, 2008 10:21 am Subject:

They are dropping the case according to the letter. I would still show up in court with that letter just to make sure they are doing what they said and it is not some sort of trick. I would put nothing past any CA.

Guest · Posted: Tue May 06, 2008 10:45 am Subject:

Way ahead of you. The court never received anything stating the dismissal. I figured right away it was probably only sent to me and is an attempt to try and get a default judgment against me. Unless I hear from the court, I am still going to show up.

Guest · Posted: Wed May 07, 2008 10:39 am Subject:

OK maby someone knows better. I was reading Rule 41
of the civil rules of procedure:

RULE 41. DISMISSAL OF ACTIONS

(a) Voluntary Dismissal: Effect Thereof.

(1) By Plaintiff; By Stipulation. Subject to the provisions of these rules and of any statute of this Commonwealth, an action may be dismissed by the plaintiff without order of court (i) 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 (ii) 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 the United States or of this or any other state an action based on or including the same claim.

So does this mean that since I filed an answer before they motion for dismissal, they cannot motion for voluntary dismissal? I am just wondering if I can turn around and motion for dismissal with prejudice. They got my answer as disputed way before they sent me the letter asking for a dismissal. The court still does not have that letter of dismissal though.

Guest · Posted: Thu May 08, 2008 12:08 pm Subject:

I called the court house today and they said the plaintiff filed a dismissal. I asked if I still had to go and she wouldn't give me an answer. Should I still go?

Guest · Posted: Thu May 08, 2008 12:19 pm Subject:

I also asked her if they can dismiss after I have filed an answer and she said it doesn't matter and said where the hell did I get that idea. She said I never filed an answer but I did and they have the letter. She said I put disputed and about 2 pages worth of stuff but doesn't consider it an answer?????? WTF.

Guest · Posted: Thu May 08, 2008 1:04 pm Subject:

OK I just got a call from the attorney. I called back and she said she was calling to set up payment today for my account. I told her it's not mine and she kind of chuckled.

I told her I sent the debt validation letter and they received it on April 28th. She said Debt Validation? I don't know what that means? I said OK and hung up on her.

I sent it certified return receipt. I checked the tracking number online and it says delivered but I never got the green card back. Does that mean the green card got lost in the mail or did they even check their mail yet? I don't know what to do right now and I am getting aggravated.

Cellular · Posted: Thu May 08, 2008 4:08 pm Subject:

First, print out the page from the USPS website saying that it was received for later reference.

Second, court clerk staff cannot give legal advice (ie should I go?) so that is not unusual. Plan on going to court on the date but check with the court every couple of days to see if the case is still scheduled. If the date is still on go if it is not call the court and find out why it was canceled.

Guest · Posted: Thu May 08, 2008 7:21 pm Subject:

I am still going to go tomorrow. I am at a friends house who is only 1 mile away from the court house. I printed up the confirmation from USPS.

I find it really disturbing that the lady I spoke to at the law firm is the same person who is an employee at the debt collector company. both companies work out of the same address.

How can she not know what a debt validation letter is? she played totally dumb on the phone and said they didn't get anything from me. I must have them on over 25 violations of the FDCPA about 15 FCRA violations and my state debt laws.

Posted: Fri May 09, 2008 4:12 am Subject:

Something sounds fishy here. The attorney is also works as a debt collector at the CA they are representing? Sounds to me like this person may not be an attorney. That and if she were a half decent attorney she would know about validation as well as other fields of law applicable to the client she represents (FDCPA/FCRA) Like I said, sounds kinda fishy.

Guest · Posted: Fri May 09, 2008 5:05 am Subject:

Well when they called me, it was an automated message with a guys voice and a womans voice giving the file number,odd. When I called, I didn't speak to the attorney, I spoke to sheila who is an employee of the debt collector. Her and the attorney are or used to be employees of the debt collector and he has been in business since 1999. So yes it does sound fishy that sheila doesn't know what debt validation is. Even the attorney should know the FDCPA because on the bottom of her letters is the mini-meranda pertaining to debt collectors.

I could have filed a counterclaim and got $6,000, $2,000 plus treble damages but there was more than $2,000 in FCRA violations so I figured I would just wait and get an attorney to fight them in federal court. Thats the smart thing to do, right?

Guest · Posted: Fri May 09, 2008 7:10 am Subject:

I just got back from the court house. The girl there is like, I told you it was dismissed. I asked to see the forms I sent and they have the debt validation letter I sent to the court house. So now they can't file a suit until they validate it, right?

Guest · Posted: Fri May 09, 2008 9:32 am Subject:

OK I just looked at my credit report on experian AGAIN. They have now changed the date of delinquency back to 5/2006. They got my DV letter on 04/28/08 and they reported the info on 05/2008 so that would be continuing collections. They are also changing the amount owed, adding interest. How the hell can they get away with changing a date? it went from 5/06 I disputed it then it went to 12/1999 and now back to 5/2006.

Guest · Posted: Fri May 09, 2008 7:54 pm Subject:

I also got a updated credit report from trans union in the mail today and it is still showing the debt collector but it says open account but says account closed 04/2008? What does that mean? Does that mean they are not going to try to collect on it anymore and probably sell it? They motioned to dismiss in April so I don't know whats going on.

Posted: Sat May 10, 2008 5:25 am Subject:

All I can say here is subpoena deus tecum. They are trying to play some kind of odd illegal shell game with you with tons of white out and writing in whatever they want as far as their records go so I think if they want to continue this lawsuit then you need to call their bluff and make them lay it all down on the table.

Guest · Posted: Sat May 10, 2008 1:23 pm Subject:

Well I got the Judgment Of Dismissal from the courthouse in the mail today. For them to file it again they need approval from the court and good cause shown. Should I mail a copy to the 3 credit bureaus and a letter to have them removed from my credit report?

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