notice of dismissal?

Discussion in 'Credit Talk' started by arrowsucks, Sep 9, 2009.

  1. arrowsucks

    arrowsucks New Member

    I was being sued by a collection agency earlier this year. I went to court, the judge asked me if I admitted to the debt at which time I stated that yes I did apply for the original credit card and I did default on payment but I did NOT agree with the amount that the CA said I owed. The judge set another court date to give me time to, I guess, request proof that I owed this amount??? I wasn't sure where to go or what to do, so that court date comes and I find out the plaintiff has filed an extension because they couldn't make it to the courthouse on that date or whatever. The next date comes and I unintentionally miss the appointment. This happened back in July.

    Today I get a letter in the mail from the courthouse, dated for yesterday. At the top of the paper it says DISMISSAL. In the center of the page one line is bolded among other boxes/options that could be checked. It says "no answer or motion has been served upon the plaintiff by the defendant as of the date of this notice." At the bottom a box is checked next to ORDER TO DISMISS, under which it says, IT IS ORDERED this case is dismissed and another box checked... without prejudice. Signed by the judge.

    I *THINK* this means because I didn't reply my chance to do so has been forfeited. Is that correct?? Also, what do I do now? Is the case still active? Or do they have to go through and file another suit? Will my wages be garnished now? Is there anything I can or should do at this point?

    I was planning to stop by the courthouse this week, but I found this website while doing a search so thought I would see if anyone here could help me figure this mess out?


    thanks
     
  2. Hedwig

    Hedwig Well-Known Member

    It means the case was dismissed without prejudice. There is no current case, no one won anything, it was just dismissed. Right now they can't do anything. They can, however, refile the case against you because it was without prejudice.

    If they do, come here and let us know what the paperwork says and we'll help you.
     
  3. arrowsucks

    arrowsucks New Member

    I will. thanks for your help. :)
     

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