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Defendant66 · Dec 16, 2008, 04:57 PM

I did a motion with the court to dismiss my case based on Plaintiff's counsel not providing the documentation to validate the debt to me. I received the order in the mail stating the case was dismissed.

Which initially made me very happy. No trial on January 5, 2008. Which is great.

Now, I know this guy isn't going to go away. And will file a new complaint.

Can you tell me specifically: THis is what I was awarded in the Order entered by the Court.

Plaintiff’s complaint is hereby dismissed without prejudice for failure to validate the debt and other supporting documentation in regard to the within matter;

Now... what specifically is going to be considered validation of the debt and supporting documents in this type of case?

Thank you.

LisaB4657 · Dec 16, 2008, 06:05 PM

I'm not going to answer your question about debt validation and supporting documents, since I don't know exactly what is required in order to validate the debt. I know there are other experts here who will answer this for you.

However, I want to make sure that you are aware of something. If the plaintiff re-files the case and still doesn't provide validation of the debt, inform the judge that this is the second time it has happened and you are requesting that the case be dismissed with prejudice. That means that the plaintiff can't file again.

Defendant66 · Dec 16, 2008, 06:22 PM

Originally Posted by LisaB4657

I'm not going to answer your question about debt validation and supporting documents, since I don't know exactly what is required in order to validate the debt. I know there are other experts here who will answer this for you.

However, I want to make sure that you are aware of something. If the plaintiff re-files the case and still doesn't provide validation of the debt, inform the judge that this is the second time it has happened and you are requesting that the case be dismissed with prejudice. That means that the plaintiff can't file again.

Hi Lisa, I'm hoping to get him with this next time. We had made it through the discovery period and they didn't provide any documents in the interrogatories either. They said will provide statements "if available". I did ask for it to be with prejudice but the judge opted for "without" Thank you, I will definitely keep this in mind.

I can imagine his face when he gets this order, I also imagine being served shortly afterwards too. He's not going any where.

What I wanted to do if I lost this motion was file another motion to compel for lack of discovery and documents. He hasn't provided me anything at all yet.

So... it starts again I'm sure. Thank you for your response.