[MDConyers]

Thanks everybody for your help. I will try and let you know what happens

[LadyB]

Please let us know how it went!

[MDConyers]

Well, I showed up at the court house this morning. The Collection attorney showed up and asked if I wanted to discuss this case with her before it started. I said no, I would rather do it before the judge. Well the judge called our case and I stood up, and said that I was here, and so did the attorney. Then we were directed outside to discuss this matter. She then asked me if I was denying that this was my account. I said without validation I cannot deny or admit that this was my account. She promptly told me, well we do not need to verify when we sue you, that should have been done before we sent you a summons. I said well if we go back in there, I will ask you to validate this in front of the judge. She said well, I will put in a motion to dismiss because I do not have validation at this point. I said that is fine. So it was dismissed without prejudice. Meaning that they can try again if and when they get validation. If that happens I will submit a motion to dismiss sighting that the statute of limitations as ended.

There were four other collection cases before mine, where the accused did not show up.
Immediate judgements were handed down. Got to fight it people.

Anyway thanks everyone who gave me advice and I will keep you all posted as to what happens.

[ScottGem]

Way to go! And a good point that you should never ignore the summons. That only hands them the judgement.

One point, the SOL goes to the initiation of legal action. So if the SOL had not expired when they first bought suit, then its not going to have expired if they reinstate.

[MDConyers]

The SOL had clearly expired when they first brought the suit against me. I did not mention that to here, I did not want to get caught in a lie, I had already told her I could not deny or admit that the account was mine.

Yes, to anyone who is reading this now, never ever ignore a summons. It can and most likely will cost you dearly.

Scott,
I really appreciate the confidence booster. You are a bright guy!!

Also, anybody know anything about how I could get the dismissal without prejudice turned into a dismissal with prejudice? Should I even be fooling with that thought. If I can get it turned into a dismissal with prejudice. They could not come back and refile the claim.

Thanks

MD