Collection Agencies and Creditors

Cach LLC showing unprofessional attitude - How to handle it?

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Posted: Thu Nov 08, 2007 8:23 pm Post subject: Judgement Od dismissel

It was Cach and was for CC debt. They had proved to the court that it was my husbands debt and the judge entered a summary of judgement. We were given no papers and the the next court date was the following week. We didn't bother going. And from what I'm reading in the letter from the court neither did cachs lawyer. So the judge dismissed it. I still don't get it. I hope it's done though. Thanks Ang!

DS
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Posted: Thu Nov 08, 2007 8:30 pm Post subject:

Well usually ur second court date is for u to bring all ur financial information. Did they ask u to bring this stuff?? Of course that's how it works in my state and all states are diff.... after this is the court date for garnishment.... Anyway, i have sent PM's to 2 members how know the law a lot more than i do! I sure hope this is over for u but i have read where they will ask this to be over turned as atty error which is BS to me! Keep us updated, Ang _________________ You will not be punished FOR your anger; you will be punished BY your anger. --Buddah

Ang
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Posted: Thu Nov 08, 2007 8:36 pm Post subject:

Plz check back later or tomorrow as i have sent 2 PM's to other members for their advice! U may also want to register as it's easier to find ur post when registered. Ang _________________ You will not be punished FOR your anger; you will be punished BY your anger. --Buddah

Ang
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Posted: Thu Nov 08, 2007 9:48 pm Post subject:

The dismissal may be a temporary thing, the judge could just have stricken the case from the trial calendar (for further discovery), dismissed without prejudice (meaning CACH can bring the charges back), etc. A dismissal is not always a final disposition in the legal matter. You may want to get a copy of the dismissal order, if you have trouble come back here, I can help you understand it better.

hockeyman
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Posted: Thu Nov 08, 2007 11:26 pm Post subject:

For the time being. But unless he dismissed the case with predjudice, they might try to sue again. _________________ He who has freed himself of the disease of "tomorrow" has a chance to attain what he came here for. --G. I. Gurdjieff (1872-1949) The science is in knowing, the art is in perceiving - Robert Fripp (1946-) Ever get the feeling you've been cheated? - Johnny Rotten (John Lydon) (1956-)

LawStudent
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Posted: Fri Nov 09, 2007 6:20 am Post subject:

Ahh there ya go! I remembered this earlier about with prejudice but i didn't remember if it were with or without !! Thanks LS and hockeyman! Hey Hockey, why don't u register and become a member? U always give very very good advice and also we would be able to PM u with questions and such if u were registered. We'd love to have u as a member! Thanks agian u 2, Ang _________________ You will not be punished FOR your anger; you will be punished BY your anger. --Buddah

Ang
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Posted: Fri Nov 09, 2007 6:43 am Post subject:

ds was the dismissal with or without prejudice? The answer is very important. _________________ Cajunbulldog Keeping an eye out for consumers. http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809 http://www.ftc.gov/os/statutes/fcrajump.shtm http://www.debtconsolidationcare.com/forums/about216.html Use this letter to protect your rights under the FDCPA myfairdebt.com & myfaircredit.com-Good source of case law in forums.

cajunbulldog
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Posted: Fri Nov 09, 2007 8:24 am Post subject: dismissel

This is how the order reads: " This cause coming on this day to be heard and it appearing that the plaintiff & defendant failed to appear and the court being fully advised in the premises, it is ordered and adjudged that this case be, and the same is hereby dismissed for want of prosection with prejudice. Done and ordered in blank city , blank couty, state.. judges sig and stamp.

ds
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Posted: Fri Nov 09, 2007 8:26 am Post subject: dismissel

This is how the order reads: " This cause coming on this day to be heard and it appearing that the plaintiff & defendant failed to appear and the court being fully advised in the premises, it is ordered and adjudged that this case be, and the same is hereby dismissed for want of prosection with prejudice. Done and ordered in blank city , blank couty, state.. judges sig and stamp.

ds
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Posted: Fri Nov 09, 2007 8:31 am Post subject: dismissel

This is how the order reads: " This cause coming on this day to be heard and it appearing that the plaintiff & defendant failed to appear and the court being fully advised in the premises, it is ordered and adjudged that this case be, and the same is hereby dismissed for want of prosection with prejudice. Done and ordered in blank city , blank couty, state.. judges sig and stamp.

ds
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Debtcc Points: 100

Posted: Fri Nov 09, 2007 8:33 am Post subject:

Well sure looks to me like it was dismissed "with" prejudice! If i'm reading correctly that means they can NOT sue u again! So, yes as far as i read it, it's over! Hang tight and one of the fellows with more law knowledge will be here to answer. Ang P.S. Ok so now i'm confused... the with or without confuse me! lol _________________ You will not be punished FOR your anger; you will be punished BY your anger. --Buddah

Ang
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Posted: Fri Nov 09, 2007 8:40 am Post subject: sorry for the dup replies

I thought my reply wasn't going through. Right now I'm afraid to do the "snoopy dance" although I very much feel like doing so =) If this is the case, This is the best news we've had in a long time. My husband was laid off over a month ago and things aren't looking so good. Hopefully this letter we recieved is a positive turn in our luck! =)

ds
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Posted: Fri Nov 09, 2007 8:43 am Post subject:

Ok so this is how i read it:

Quote:

dismissed without prejudice (meaning CACH can bring the charges back),

and

Quote:

But unless he dismissed the case with predjudice, they might try to sue again.

So looks to me like ur case was dismissed "with" prejudice:

Quote:

is hereby dismissed for want of prosection with prejudice.

Are u reading this the same as me?
Looks like it's over for u!
Very Happy

Ang
_________________
You will not be punished FOR your anger; you will be punished BY your anger. --Buddah

Ang
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Posted: Fri Nov 09, 2007 8:46 am Post subject:

Well ds, I'm gonna do the Happy Dance with ya! Ang _________________ You will not be punished FOR your anger; you will be punished BY your anger. --Buddah

Ang
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Posted: Fri Nov 09, 2007 8:49 am Post subject: dismissel

That is how I'm reading it. I'm in FL.

ds
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Posted: Fri Nov 09, 2007 8:52 am Post subject:

Well ds i know hindsight is always 20/20 but if EVER, hope not, u have a court date set up make SURE u go!!! It is VERY important as i know this from personal experience... i didn't show up and CACH got a default judgement against me! But i'm gonna PM and ask cajun and lawstudent read this... but sure looks like "with" prejudice means it's over! ANg _________________ You will not be punished FOR your anger; you will be punished BY your anger. --Buddah