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bobcat64 · May 5, 2009, 10:44 AM

I live in Mississippi and received complaint (summons) from collector (3rd party) credit card default. Answered Pro Se within time given. Twenty(20) days later, received from collector, Order of Dismissal without Prejudice. My question is, Is this normal for collector to send directly to me, this dismissal? Why is it without prejudice? Should I sign and be happy or should I try to get dismissal with prejudice? If so, how is this done? Also, by signing dismissal, collector will now have my signature. Statute of Limitations runs out (3 years-MS.) in three (3) months.
Take into consideration, my defense was, that I am disabled (SSDI).

ScottGem · May 5, 2009, 11:13 AM

No its not like the plaintiff would issue a dismissal of any kind. So I would check with the court.

Inability to pay is not a defense, by the way.

bobcat64 · May 5, 2009, 02:10 PM

Originally Posted by ScottGem

No its not like the plaintiff would issue a dismissal of any kind. So I would check with the court.

Inability to pay is not a defense, by the way.

Thanks Scott, however, reason the SSDI was used, or should I say inability, was because I was a reserve deputy sheriff, donating my time, over ten years with an average of 2000 hours per year. Became certified, given authority to head Street crime task force. Full time income was six figures per year. Injured, during a drug sting, received permanent brain injury, medical is paid, no workers comp. benefits, because I volunteered. After depleting all savings to put kids through college, losing my house, I accepted the fact I was disabled. This was shown as exhibits with Affirmitive Defenses.
I did pull back, in every area to make it. Nice guys finish last type of deal, did not want sympathy, and answered with honesty. I just don't know what to do from here, any information is greatly appreciated at this time.