Just as my credit report started to look pretty clean, I got a notice from the Court stating that some collection agency/law firm is attempting to get a judgment against me for some alleged debt. Rule #1 - Don't ignore these things. Most judgments are obtain simply by default, (meaning the defendant did not answer the complaint). Well I answer the complaint, and requested "Demand for production of documents pursuant to the Fair Debt Collection Act" Legal firm failed to comply with this request. Bingo! Thus they can not substaniate their claim. Meanwhile, Legal firm tries to strong arm me into settling a debt they are unable to prove and enter into an agreement to pay, with 1000% percentage interest for attorney's fees. Now...court sent notice of mediation. Legal firm request postponment to have more to to get documents to prove debt. I did not agree to postponement. They should have had all neccessary info prior to filing suit. Court Date for mediation...legal firm does a no show and complaint is DISMISSED! Do you think they will re-file?
Good job, $wealth$ on outwitting those jerks. I don't think they will refile. They will just move on to some other poor soul. Dani
Thanks Dani. I just hope this will not re-surface. I'm still in amazment that they did a no show. The clerk told me if they try to get the dismissal vacated, I can file a motion to have them pay my lost wages for having to take the day off to appear in court. It wouldn't be much, but it's nice to know I have some ammo.
$wealth$ you indicated they asked for more time to get documents. I had a similar situation and was wondering if I should send an estopple letter giving them 15 days to prove the debt once and for all. I was thinking that if I had this final request in the file and they did not validate it would be helpful if they try to sue me at a later date or send it off to another CA later. What do you think? Should I just leave it alone? I appreciate any suggestions you or anyone else care to give. Thanks Tuit
Tuit - This I found works praticually well if someone has filed a claim against you to obtain a summary judgment. Especially if it is from a collection agency/law firm that purchased an account from the originally creditor, as they most likely will not have access to any origingal records. Pursuant to the Fair Debt Collection Act, if you make a request for "Demand of Production of Documents", the creditor has 30 days to comply. If they fail to produce this information, you can file a motion to have their claim dismissed for violation. Regarding Lizdking's statement, if you file a motion to dismiss, always indicate "with predudice". This way they can never file against you again. Lizard, unfortunately I didn't have a opportunity to file my motion to dismiss. I was planning on doing that after mediation. Since they "no showed" it was dismissed anyway. I would have listed "with prejudice" Under normal court precedures they will dismiss "without" unless specifically requested. That's why I'm a little concern if they will re-file.
I don't think they wll refile. They are looking for the easy cases - the people who will default. You fought and therefore were too much time and trouble and money. They should have dismissed it themselves. It is very bad form for an attorney to have a case dismissed by the court for no show. If they file again, argue they had their chance. I doubt a judge would give them a second chance
Thanks $wealth$ and Gumbo. My case was dismissed without prejudice too. I don't believe they will refile, I have a good paper trail and have added the notation to Request Production of Documents and I will have a good counterclaim against them if they do refile. Thanks so much for responding, I can rest easier now, like you said it sure takes a toll so I am happy to let it rest. Tuit
Oh no, maybe I spoke to soon. In the mail today a letter from law firm addressed to court (cc: me) requesting an adjournment for a period of 30 days. This was received today and the court dismissed this complaint yesterday. Are they too late. What are my options?
It has been dismissed, I would think they will have to refile. Hopefully someone will have an answer to this. Doesn't look good. I would call the clerk of the court, see if they allowed it. :-( Tuit P.S. This is why I was wondering if I should back mine up with a final estoppel letter?
What is the date they sent it to the court? Maybe, it was already rejected by the court and that is why the court notified you yesterday! We can hope! Tuit
It was scheduled for mediation yesterday. I attended and the plantiff did not. The court dismissed the complaint. Now today this letter shows up requesting an adjournment. I think they are too late and must re-file. I will research tomorrow. Anyway, I will forward a letter to the court as well stating my objections for an adjounment. At that point it will be up to the judge to decide.
The judge dismissed it. I don't think he can just reverse his decision without a hearing. In my opinion they filed their request too late. They should have done that several days before the hearing. Don't worry about. I think they are SOL.
