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Case Dismissed? Please help! ASAP!!

Date: Wed, 06/24/2009 - 09:45

Submitted by anonymous
on Wed, 06/24/2009 - 09:45

Posts: 202330 Credits: [Donate]

Total Replies: 6


Hi Everyone! I have an account that started with HSBC for 3000 in may of 08 that was charged off. (i lost my job in october of 07) i learned in november of 08 this account was sold to Atlantic Credit & finance, and was being handled by Borack & Associates in Florida. Somehow the "late fees" and "interest" in that period of time made my account more than TRIPLE to $9568!!! i told them that number was random & outragous, and i would only pay what i honestly owe. they sent a summons to my parents house at the end of january 09, which i responded to borack & associates with a certified letter, saying that if they wish to continue pursuing this case against me, then they agree to present to me a LEGITIMATE record of all charges accumulated, instead of this arbitrary number they claimed i owe. I didn't hear anything from them after that letter until last week, i got a Letter from the State court of Lowndes county, here in GA where i live. It was a Call of the Calender of Pending Civil Actions. the date of the call of calender was today, june 24th, 2009, at 10:00 am. i figured they just ignored my letter i sent to them, so i was willing and ready to tell the judge this morning that we could go ahead with my case. He informed me that Borack & Associates had filed a motion for dismissal on my case THIS MORNING!!!! i was and still am VERY confused. the judge told me i needed to go to the courthouse clerk of court so i could get a copy of the motion to dismiss. my question is this: WHY WOULD THEY DISMISS THE CASE AGAINST ME ON THE MORNING OF THE CALL OF CALENDER OF PENDING CIVIL ACTIONS?!?! this wasnt the actual trial, keep in mind.... are they just not wanting to spend the money on a lawyer knowing i've been responding to their papers and will take them all the way? wre they just hoping i would be scared of going to court and pay them 3.5 times what i actually owe?! whats the deal?! PLEASE HELP! THANKS!!


the Judge didn't say, and to be honest, i really didn't know to ask... i am about to go up to the courthouse in about an hour to pick up a copy of it... they didn't have the copy ready for me when i went up there earlier, being how it had JUST been filed! will it say on the copy that i pick up from the courthouse? thanks for the quick response!


lrhall41

Submitted by on Wed, 06/24/2009 - 09:56

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The reality is these collection agent scum do not like a battle when collecting a debt. Most are week and just want that one person who allows them to collect a default judgment. Because your charge of date is not that old I would only assume the case was dismissed without prejudice and will be handed over to another pair of lawyers.

You got them scared of something so great work to you. Next round of lawyers will probably not have the correct paperwork either so just fight them as you did with this case and by the time the civil suit is over there should be no time for them to file again before sol runs out. It does not mean a collection agency can not try to collect on the debt. I just means they can do nothing more legally to collect the debt.


lrhall41

Submitted by on Thu, 06/25/2009 - 07:37

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