Ask Me Help Desk - Dismissal without prejudice

Dismissal without prejudice

A collection agency sent a summons to respond.I responded with an answer plus 25 questions to the clerks office plus mailed them a copy with return receipt.. They answered one of the 25 questions.That was 14 months ago.The local court clerk sent a letter a few days ago stateing the case was being dismissed without prejudice because of lack of action.Can I show the judge where they only answered one of the 25 questions and expect him to dismiss with prejudice and can he legally do it?Thank you in advance for your response.

I forgot to mention this is in Kentucky.

Quote:

Originally Posted by elvalyn

A collection agency sent a summons to respond.I responded with an answer plus 25 questions to the clerks office plus mailed them a copy with return receipt..They answered one of the 25 questions.That was 14 months ago.The local court clerk sent a letter a few days ago stateing the case was being dismissed without prejudice because of lack of action.Can I show the judge where they only answered one of the 25 questions and expect him to dismiss with prejudice and can he legally do it?Thank you in advance for your responce.

Not if it's already been dismissed. The window within which to move for dismissal for failure to respond has closed.

Apparently the collection agency gave up on following through with taking you to court. Your questions may have presented them and their client a picture of problems that lowered their odds of winning. They may still try to collect via mailings and phone and may be on your credit report.
If you feel you owe them a few dollars it may be helpful to offer that in return for a cleared or favorable change to your report.

Quote:

Originally Posted by elvalyn

... .The local court clerk sent a letter a few days ago stateing the case was being dismissed without prejudice because of lack of action.Can I show the judge where they only answered one of the 25 questions and expect him to dismiss with prejudice and can he legally do it?...

The case is being dismissed, assuming nothing is done in the case within the upcoming period as specified in the notice. If you try such a showing, that might constitute the required action which would prevent automatic dismissal.

However if you nevertheless desire to make such a showing, you would have to move to compel the plaintiff to answer the other 24 questions. If they neglect to do so, then you might move that the case be dismissed with prejudice. In that case, the court could possibly deny your motion, or perhaps dismiss with or without prejudice.

Let sleeping dogs lie. Hope that the case is dismissed (albeit w/o prejudice) for lack of prosecution. If it is, chances are that the plaintiff won't bother to re-file anyway. Also, if it is dismissed, you may then have a better chance at a SOL defense.

Quote:

Originally Posted by Hot Corn Bread

Apparently the collection agency gave up on following through with taking you to court. Your questions may have presented them and their client a picture of problems that lowered their odds of winning. They may still try to collect via mailings and phone and may be on your credit report.
If you feel you owe them a few dollars it may be helpful to offer that in return for a cleared or favorable change to your report.

I have never know a collection agency to file suit and then give up. Usually they decide not to pursue only if they feel they don't have the documentation to get a judgment.

I would NOT suggest offering a settlement at this time. AS AK said, let sleeping dogs lie.

Quote:

Originally Posted by Hot Corn Bread

Apparently the collection agency gave up on following through with taking you to court. Your questions may have presented them and their client a picture of problems that lowered their odds of winning. They may still try to collect via mailings and phone and may be on your credit report.
If you feel you owe them a few dollars it may be helpful to offer that in return for a cleared or favorable change to your report.

This is bad legal advice - why would anyone reopen a case that very well may die right now?

Why extend the Statute of Limitations?

Quote:

Originally Posted by JudyKayTee

This is bad legal advice - why would anyone reopen a case that very well may die right now?

Why extend the Statute of Limitations?

Right. For the benefit of OP and HCB, making a payment on the debt without getting a release of the balance due, would have the effect of re-setting the SOL clock.

My wife also said to let it go.Stalemate is not an option to me.When they backed off it caused me to slobber.
As of March 2012 they had over 6300 civil cases across the state of Ky.. Mine included.
If anyone is interested,check back Monday,10-15-2012,and I'll tell you what happened.
Even bad advise spawns good ideas.

Quote:

Originally Posted by elvalyn

My wife also said to let it go.Stalemate is not an option to me.When they backed off it caused me to slobber.
As of March 2012 they had over 6300 civil cases across the state of Ky..Mine included.
If anyone is interested,check back Monday,10-15-2012,and I'll tell you what happened.
Even bad advise spawns good ideas.

So your misplaced pride will cause you to do something foolish? What you don't seem to understand is its not a stalemate, you won. They backed off and didn't pursue. Yes, they can reopen the case, but the likelihood of that is very slim. If this is a junk debt agency, then this is what they do, they buy debt at pennies on the dollar. Spend a little more to file suit and hope the creditor doesn't respond or does something foolish. If the creditor is smart and stands up to them, they back off and turn to greener pastures. But standing up to them YOU WON! Take your victory and enjoy it. Don't throw it away.

I don't see anything good coming from pursuing it.

Quote:

Originally Posted by ScottGem

... What you don't seem to understand is its not a stalemate, you won. They backed off and didn't pursue. Yes, they can reopen the case, but the likelihood of that is very slim. ...

Just to be sure OP understands, let me use an example:

Two brothers, Cain and Abel, get into a fight. Cain knocks Abel down and unconscious. At this point Cain has won the fight. Sure, after he recovers, Abel could continue the fight. But at this time Cain has won the fight. He doesn't need to kill Abel in order to be able to say that he won, it wasn't a "stalemate".

No question about you being right.But,everything I have been reading is the reason they didn't answer the questions is they don't have proper paperwork to back them up.But,I will take your advice and sit it out.If they restart it later they probably still won't have the paper work.
If they resell it I will be better prepaired.I have wished a thousand times that someone would have told me about callcorder sooner.It might be bad advise but the possibilities are endless.
I do appreciate all the advice from everyone.Ideas come from assorted places.TY

Quote:

Originally Posted by elvalyn

I have wished a thousand times that someone would have told me about callcorder sooner

What is callcorder? I didn't see that suggested here. If it is something that allows you to record phone conversations, you need to check your states laws on that. Some states require that both parties be aware they are being recorded. If your state has such rules, then anything you record cannot be used and might get you a fine.

Sorry.I have been reading so much I get some of these web sites confused.It was suggested I get callcorder.In Ky its legal but when it was suggested it was way to late.Seems as though if you tell them to stop calling and the keep calling it cost them $1000.00 per call.Some people think this isn't fair to the JDB but anything short of castration seems fair to me.8)

Yes, under the FCRA there are constraints at what a collection agency can do. If you tell them to stop calling they have to honor the request. The problem is it can cost money to try and collect from them.

Quote:

Originally Posted by ScottGem

What is callcorder? I didn't see that suggested here. If it is something that allows you to record phone conversations, you need to check your states laws on that. Some states require that both parties be aware they are being recorded. If your state has such rules, then anything you record cannot be used and might get you a fine.

Someone posted this on several threads, totally disregarding the difference in State Laws. And, yes, it's "one party" in Kentucky.

Quote:

Originally Posted by JudyKayTee

And, yes, it's "one party" in Kentucky.

I would think KY has more than one party. After all it has at least two major universities. Lots of parties

Bada-Bing ;)

Quote:

Originally Posted by ScottGem

I would think KY has more than one party. After all it has at least two major universities. Lots of parties

Bada-Bing ;)

Scott, I think someone has put something in your morning coffee.

The $1000.00 per call is federal fines.It would be the governments problem collecting.

Quote:

Originally Posted by elvalyn

The $1000.00 per call is federal fines.It would be the governments problem collecting.

What?