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  1. #31
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    Default Re: Sued by a Buyer of Old Credit Card Debt

    Quote Quoting adjusterjack
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    Why did they send that to you?

    Did you pay?

    Did you agree to pay?
    Nope. I have NOT made any attempt to negotiate a settlement with the suing law firm or the debt collector, either in-person or by telephone. I also do not know why they sent me this letter. In fact, I have yet to actually speak to any representative at the law firm that is suing me. Zero contact!

    BTW, I checked the case status online. It shows that a "Voluntary Dismissal" was entered on 06/03/14 via the Justice Court website. At the top of the website it says: "Next Court Date: None Found", and "Case Status: Open".

    So, since the court already shows a record for a dismissal, I don't see why I need to sign the law firm's dismissal letter and mail it back. What do you think?

  2. #32
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    Default Re: Sued by a Buyer of Old Credit Card Debt

    Quote Quoting azlegal3
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    BTW, I checked the case status online. It shows that a "Voluntary Dismissal" was entered on 06/03/14 via the Justice Court website. At the top of the website it says: "Next Court Date: None Found", and "Case Status: Open".

    So, since the court already shows a record for a dismissal, I don't see why I need to sign the law firm's dismissal letter and mail it back. What do you think?
    Ignoring it might be harmless.

    But I strongly suggest you go get a copy of the "voluntary dismissal" (along with the rest of the case file, if you haven't already done so) and see what it says.

    The online case statues is often woefully inadequate and misleading.

    A case can't likely be dismissed and stay open at the same time.

  3. #33
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    Default Re: Sued by a Buyer of Old Credit Card Debt

    Quote Quoting adjusterjack
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    Ignoring it might be harmless.

    But I strongly suggest you go get a copy of the "voluntary dismissal" (along with the rest of the case file, if you haven't already done so) and see what it says.

    The online case statues is often woefully inadequate and misleading.

    A case can't likely be dismissed and stay open at the same time.
    Hello again. I haven't had time to visit the court and pick up my case file, but maybe I will try that soon. I have another question for you....

    So, I ignored the voluntary dismissal letter from the law firm. They wanted my signature on it, but I never signed it or mailed it back. Today, I found another letter in the mail from the same law firm. In short, it states:

    "My office recently mailed a Stipulation and Order for Dismissal without Prejudice to you for
    your signature. We DO NOT have a binding agreement if you do not sign and return the
    Original Stipulation. Please sign and return the Stipulation to my office immediately."

    Does anyone know what this means? I have had zero contact with the courts or the law firm since I received the dismissal letter a few months ago. The court web site also shows that a dismissal was entered for my case. Why is this law firm seeking my signature for a binding agreement?

  4. #34
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    Default Re: Sued by a Buyer of Old Credit Card Debt

    Quote Quoting azlegal3
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    Hello again. I haven't had time to visit the court and pick up my case file, but maybe I will try that soon. I have another question for you....

    So, I ignored the voluntary dismissal letter from the law firm. They wanted my signature on it, but I never signed it or mailed it back. Today, I found another letter in the mail from the same law firm. In short, it states:

    "My office recently mailed a Stipulation and Order for Dismissal without Prejudice to you for
    your signature. We DO NOT have a binding agreement if you do not sign and return the
    Original Stipulation. Please sign and return the Stipulation to my office immediately."

    Does anyone know what this means? I have had zero contact with the courts or the law firm since I received the dismissal letter a few months ago. The court web site also shows that a dismissal was entered for my case. Why is this law firm seeking my signature for a binding agreement?
    I don't know.

    And you won't know either, until you get down to the courthouse and get your file.

  5. #35
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    Default Re: Sued by a Buyer of Old Credit Card Debt

    Quote Quoting adjusterjack
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    I don't know.

    And you won't know either, until you get down to the courthouse and get your file.
    Okay, I saw my case file. It contains the same documents that I was sent in the mail, including the original complaint for breach of contract, the motion for alternative means of service, application for default, my response or answer, and finally the notice of dismissal.

    The court website shows the case as being "open". I wonder if the case will be closed if I finally sign the Stipulation and Order for Dismissal without Prejudice and mail it to the law firm? The law firm letter states we do not have a binding agreement until I sign it.

  6. #36
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    Default Re: Sued by a Buyer of Old Credit Card Debt

    Quote Quoting azlegal3
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    The court website shows the case as being "open". I wonder if the case will be closed if I finally sign the Stipulation and Order for Dismissal without Prejudice and mail it to the law firm? The law firm letter states we do not have a binding agreement until I sign it.
    Sorry to have to keep this going but I'm still a little confused about why there is a need for a stipulation when there is already a notice of dismissal in the case file.

    Could you quote the wording of the notice of dismissal in its entirety and indicate if it was signed by the judge?

    Bottom line, though, it wouldn't hurt any to sign the stipulation and send it back.

    Just understand that a dismissal without prejudice might close the case but "without prejudice" means that it can be refilled in the future.

  7. #37
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    Default Re: Sued by a Buyer of Old Credit Card Debt

    Quote Quoting adjusterjack
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    Sorry to have to keep this going but I'm still a little confused about why there is a need for a stipulation when there is already a notice of dismissal in the case file.
    It's okay. I have truly appreciated all of your time in this thread. You were a great help.

    Quote Quoting adjusterjack
    View Post
    Could you quote the wording of the notice of dismissal in its entirety and indicate if it was signed by the judge?

    Bottom line, though, it wouldn't hurt any to sign the stipulation and send it back.

    Just understand that a dismissal without prejudice might close the case but "without prejudice" means that it can be refilled in the future.
    The dismissal letter says:

    "The court having been presented with a Stipulation of Dismissal without prejudice.
    It is so ordered that the complainant be dismissed without prejudice against Defendant.
    Dated this _ day of _, 20_.
    Justice of the Peace___________.
    Copy of the foregoing mailed this _day of _, 20_, o:"

    There is no judge signature.

    I'm wondering if the case will eventually close if I never turn in this document? I also realize that by signing it the law firm will have one more chance to sue me (within a time limit).

  8. #38
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    Sep 2012
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    1,991

    Default Re: Sued by a Buyer of Old Credit Card Debt

    If you don't file they can continue with the existing case, and you could get hit with all legal fees accrued to date.

    The only reason not to sign would be if they did something which somehow entitled you to recover your fees.

  9. #39
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    Default Re: Sued by a Buyer of Old Credit Card Debt

    Quote Quoting azlegal3
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    It's okay. I have truly appreciated all of your time in this thread. You were a great help.



    The dismissal letter says:

    "The court having been presented with a Stipulation of Dismissal without prejudice.
    It is so ordered that the complainant be dismissed without prejudice against Defendant.
    Dated this _ day of _, 20_.
    Justice of the Peace___________.
    Copy of the foregoing mailed this _day of _, 20_, o:"

    There is no judge signature.

    I'm wondering if the case will eventually close if I never turn in this document? I also realize that by signing it the law firm will have one more chance to sue me (within a time limit).
    I was asking about the dismissal notice that you found in the case file.

    Hope you got a copy and can quote it.

    If not, as I said earlier, you have nothing to lose by signing the stipulation and sending it back. Just be sure to follow up with the court to make sure it actually gets filed.

  10. #40
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    Default Re: Sued by a Buyer of Old Credit Card Debt

    Quote Quoting adjusterjack
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    I was asking about the dismissal notice that you found in the case file.

    Hope you got a copy and can quote it.

    If not, as I said earlier, you have nothing to lose by signing the stipulation and sending it back. Just be sure to follow up with the court to make sure it actually gets filed.
    Well, I did sign the stipulation and mailed it to the law firm. As a result, according to the court's website, this case status is now listed as "closed". The motion to dismiss was granted and it was dismissed without prejudice. I understand that they still have the right to sue me.

    I just wanted to say thanks to everyone who took the time to give me advice. Everyone was extremely helpful.

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