In Mar 08, received a notice of lawsuit from a bank stating we owed them money on a credit card. We filed appropriate paperwork, basically stating this was NOT our account and we never had the account with the bank in question. We never signed any contract, nor did we ever charge anything against this account, bottomline it wasn't us. Now 6 months later, we received this order to show cause, citing Failure to file Case Management Statement. Can someone explain this, we have a copy of what we filed, we have a cancelled check to the court that we had to pay when we filed the response, we are confused, or is this for the bank's lawyer to explain why they haven't taken any further action with the law suit because our response stating it wasn't our account and never had that account, they haven't done anything more. Does anybody know.
You will probably be forgive if a CMS was due from you and you didn't know. THey will not let the attorney slide so easily on that. If they want one from you, find out the format, prepare one and file it.
Nope, after we filed our response to the court, we haven't heard anything, haven't received anything more until today. From what I have found out this morning is that since it wasn't our account and that they may have found out it wasn't ours, the lawyer may have just forgotten to file or retract the lawsuit, or what ever it is they have to do. Like I said, after we filed our response we never heard anything again, and it's been almost 6 months since we filed our response.
You need to find out if he withdrew the suit or it was dismissed?If he withdrew let them know your considering legal advice.See if he'll offer a settlement to avoid it!
