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Signed mutual dismissal, and now threatened with judgement.

Date: Mon, 10/31/2011 - 21:11

Submitted by stick101010
on Mon, 10/31/2011 - 21:11

Posts: 39 Credits: [Donate]

Total Replies: 5


I signed a mutual dismissal with a well known low life JDB. I mailed it back regular mail, 2 months ago. The same JDB sued my wife, with same results.

When asked about her dismissal, they stated they were missing one of the pages she signed. Through some type of miracle, they got 3 pages out of the envelope, but were missing one. They never notified her, and finally I had her call them. She resent them the papers and they submitted them.

I get a letter from them notifying me we have court in two days, and they would like me to pay them a settlement. It appears that this is a pattern with them. We are both here in Texas. They have a serious pattern of violations, and appear to even ignore there own offers if they can get away with it.

I am wondering if there are some extra violations involved here, that I might ask the judge to sanction them for? I am sure I can call them on this and get it dismissed, but I am upset that this appears to be a pattern with them.

Any thoughts on handling this would be appreciated.


They never filed it. It appears that they regularly send dismissal paperwork, and then don't file it. They give excuses about not getting all of the paperwork, when called about it.


lrhall41

Submitted by stick101010 on Tue, 11/01/2011 - 05:45

( Posts: 39 | Credits: )


Soap Lady;

It was with prejudice. They claim not to have recieved the letter. They told me to bring it to court and we will see what we can do.

I think they intentionally do this. The consumer thinks they have a deal, and does not prepare any further. The JDB throws the dismissal away, and proceeds with the case. More than likely the consumer won't show up, and a default judgement can be entered. Now it would be up to the consumer to get it overturned and the judgement dismissed.

I think this might be a new tactic that people should watch for. I made the mistake of not sending the dismissal back certified. The only reason I am so upset, is because they did the exact same thing to my wife. I had to clear it up yesterday.

This is a pattern and not an accident.


lrhall41

Submitted by stick101010 on Tue, 11/01/2011 - 08:10

( Posts: 39 | Credits: )