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order of dismissal

Date: Sat, 01/23/2010 - 21:37

Submitted by sumhelpplease
on Sat, 01/23/2010 - 21:37

Posts: Credits: [Donate]

Total Replies: 2


help. I have been making payments on a debt and just got this in the mail: By order filed set. 17, 2009 plaintiff xxxxxxxx was granted to dec. 15 2009 to affect service and file proof of the same. No proff of service on defendant (me) is in the file and the petition at law filed june 22, 2009 and this cause of actin are dismissed. costs are assessed to plaintiff xxxxxxxxx Clerk to verify counsel or any party who has appeared and the court administrator. My question is simple. Is this over? do I continue to pay? Thanks!


What happened?

The 'order of dismissal' usually means that the case has been dismissed.

The order of dismissal can happen in two ways,

Either, the plaintiff may withdraw the case, fail to appear or refuse to participate in the action.

Or, it is because of the agreement drawn between the parties, when both the parties are required to act by the terms of the agreement.


lrhall41

Submitted by SC on Mon, 01/25/2010 - 01:46

( Posts: 3937 | Credits: )


It sounds like because proper proof of service was not achieved the entire case against you was dismissed. This is a perfect time for you to call the collector/attorney and get the settlement reduced drastically. If they don't agree to your terms, they will have to refile the lawsuit, served you, etc. which will cost them money and time.


lrhall41

Submitted by AnyaR on Mon, 01/25/2010 - 10:26

( Posts: 46 | Credits: )