Ugh, I woke up early today and tried to get copies of my case file. I had no luck. I got bounced back and forth from the Legal Records Department to the Precinct Justice Court, and nobody knew how to get copies of my case files. I got tired of walking back and forth between both locations in the sun, plus finding parking downtown, so I gave up. I even asked if I could get the case file online, but they said nope, not possible.
However, I did end up filing my response form to prevent the Default judgement. I also mailed a copy of my answer form to the law firm that is suing me. The lady said the court would send me something in the mail soon. Hopefully this will stop the default action from taking place. I'm assuming that the negotiation phase is lurking right around the corner?
Even though I don't have the case file, the contents probably won't shock me. At the very least, the documents probably show records from my previous creditor from 2009, which LVNV has already sent me such documents and attachments. Their case against me is probably a run-of-the-mill case, stating that I borrowed from a creditor, I failed to pay, they now bought and own the debt, and they want money in return. Or something along those lines.
I'm guessing that the file is on a pile somewhere for the judge to review the Plaintiff's motion and that's why they couldn't put their hands on it.
I suggest you check the online docket a couple of times a week to see what's happening.
http://www.jp.co.pima.az.us/casesearch/hmuver.aspx
As long as you filed it on time, it will delay things for several months.
That you were charged $37 to file an answer leads me to conclude that the case will follow the Superior Court Rules for regular civil cases even though it's in the Justice Court.
You need to be aware of those rules lest you slip up and the other side wins on a technicality.
See the following page for the Civil Case time line. Were rules are cited you can click on them to read the rules:
http://www.sc.pima.gov/?tabid=180
In a regular civil case you are allowed to engage in Discovery where you can request the documents (evidence/proof, etc) from the Plaintiff. Click on the links to the appropriate pages. You can probably find ways to nitpick the documents that they've already sent you and ask for more.
This is a two edged sword now. On the one hand the collection agency has to start paying its attorney by the hour to keep on handling the litigation to completion so they might be willing to settle for a discounted amount to avoid that.
On the other hand, if it goes all the way to judgment and you lose you'll likely get hit with their lawyer fees (which could be thousands) since your credit card contract probably has the appropriate bilateral "loser pays lawyer fees" provision.
Should I sign the dismissal letter and mail it back to the law firm that sued me? I almost feel like if I sign it that I'm giving them permission to sue me once again.
Is it common for them to re-file? I don't know why it was dismissed in the first place, but I am glad. Oh, also, is there a legal time period in which they can re-file?
The Stipulation and Order for Sismissal letter reads as follows:
"Plaintiff, by and through their attorneys [law firm name here] undersigned and the Defendant(s) [my name here], appearing pro per, hereby stipulate that the above-entitled action may be dismissed without prejudice against [my name here] with each party to bear their own costs and fees."
I was worried that if I sign this document and mail it to the law firm that they would request some sort of fees. I guess this letter means we are responsible for our own court fees, such as the $37 that I paid to file an Answer form?