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    epagaduan's Avatar
    epagaduan Posts: 8, Reputation: 1
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    #1

    Jun 22, 2009, 10:39 AM
    Notice of Voluntary Dismissal
    I was summoned a complaint by Mann Bracken, LLP, attorneys for HSBC, the Plaintiff on a debt collection. I've filed my answer with the courts and also filed a Request for Production of Documents.

    Today, I received in the mail, from Mann Bracken, "Notice of Voluntary Dismissal". It hasn't been filed with the courts. Do I need to file a response to the Dismissal? If so, is there a sample on how to answer the Dismissal?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Jun 22, 2009, 08:09 PM

    You don't have to answer a dismissal. I would contact the Clerk's Office down at the courthouse and see if this dismissal has actually been filed. While you're at it see if it was filed With Prejudice or Without Prejudice. If it was filed Without Prejudice that means they can refile the lawsuit against you at a later date.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jun 22, 2009, 08:12 PM

    Yes, check with the courts, if they don't file it, you still show up at court, and bring the letter with you
    epagaduan's Avatar
    epagaduan Posts: 8, Reputation: 1
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    #4

    Jun 23, 2009, 03:56 AM
    Quote Originally Posted by Fr_Chuck View Post
    Yes, check with the courts, if they don't file it, you still show up at court, and bring the letter with you
    But there's never been any hearing scheduled for my case. After 10 days, should I just file with the courts my own Motion to Dismiss and attach a copy of their notice as an Exhibit?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jun 23, 2009, 04:09 AM

    This is surprising for Mann Bracken, but I suspect they don't have the documents you requested and they know they will lose in court so they just dismissed the suit.

    Again, check with the court to make sure that the suit was dismissed and under what terms. Check if there is anything you need to do.

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