Re: Case Dismissed....Can I Rest Easy?
- From: "McGyver" <Greyprof@xxxxxxx>
- Date: Tue, 09 May 2006 17:36:29 GMT
"NewNightX03" <None@xxxxxxxxxxx> wrote in message
news:06f162l0h39aj1vd1fckc6khteotercse8@xxxxxxxxxx
I just returned from Court (Special Civil Part) after having been sued
by attornies for a credit card company. The case was not a cut and
dried case of me just not paying the bill. I had moved and I sent them
the new address with the months payment. One of their employees
apparently read the address wrong and I did not receive a bill for
three months. It took three months for me to figure it out as I was
living out of boxes for awhile, along with planning for a wedding.
Also, I have another credit card account with the same company and my
fiance had one as well. I discovered it only when I did a full audit
of all my financials.
From there, I called this company and asked them why I had not been
billed on this account for 3 months? As it turned out they had
recorded a wrong digit in my new address and the post office was
sending the bills back to them. Ok..I figured this would be simple to
fix, I told the guy I would send three months of what the average
minimum had been and he could clear my account and we'd all be happy.
Well, it didn't go quite as easy as planned. After agreeing to take my
three months worth of back payments he tells me of 'penalties & fees'
that have to be addressed. I told him he could address them by taking
them off the account as there would have been no missed payments had
his company not made an error. He refused to credit them, told me it
was my fault for not noticing for three months, and then began telling
to me wire them the three months payment immediatly. We went back and
forth until I laid my final cards on the table. I told him I would
send the full total balance payment minus the fees. He could them
close the account and then send me and my disputed 'penalties & fees'
to his legal department so we could fight it in the Court. He refused,
and I then refused to send anything and told him to take me to court.
Thus began a 12 month campaign of harrassment by this company, all the
while continuing to bill my account and adding on more and more
'penalties & fees'.
This company finally referred this matter to a law firm. When the
lawyer contacted me by phone, I gave him all the details of what had
transpired. At first the conversation seemed to be level and he
sounded as if he was understanding what I was telling him. I made him
the same offer that I had made to this company 12 months earlier. I
would pay the entire amount of the original balance sans 'penalties &
fees'. He began to tell me ways I could get the money to him and I cut
him off and told him I wasn't sending anything until I had something
in writing stating that this nonsense would be over once and for all
when I made the payment. This guys demeanor changed in the split of a
second. He began telling me things like "that's not how it works" and
that now that the company had referred this case to a law firm that he
"had the upper hand" in any proceedings from this point on. He said I
would be hit with more fees and court costs if I did not pay up now.
I told him I wasn't paying anything under those terms and he said he
would reccommend that his client proceed with a suit against me. I
told him to do whatever he felt he had to do because I was doing just
that. I told him I had what I thought was a winnable case and I was
willing to take it before a Judge and let the chips fall where they
may. The conversation ended, and a few weeks later, I did in fact get
the summons in the mail. They had sued me for the entire amout.
To cut this short (I've already written more then I intended) this is
what I'd like to know if anyone can tell me.
Today was the Court hearing. I showed up at 9:00 AM. The Judge did two
roll calls. One at 9:00 AM and one at 9:30 AM. No lawyer had showed up
for the company. No one had called to say they had car trouble or was
stuck in traffic. At 9:30 AM the Judge said two sweet words "CASE
DISMISSED"!!
Now..the only question I have is...am I finally over this? Is the
Judge's "Case Dismissed" written in stone, or do I have to worry about
having papers thrown at me again? I can not for the life of me
understand why no one showed up. I had offered the guy the original
balance amount and he turned it down..and then he doesn't show? And he
does not even get what I would have paid??? It makes no sense as I
said..but I need to know..can I rest easy or can this pop up again and
bite me in the butt!
You are not in the clear yet. A dismissal can be with prejudice (cannot be
re-filed) or without prejudice (can be re-filed). If the court didn't say
one way or the other and the court's minute order doesn't say one way or the
other, then the dismissal is without prejudice and the case can be re-filed.
Even if the dismissal is with prejudice, it would still be possible for the
plaintiff to make a motion to get the dismissal set asside or get the
judgment corrected.
So don't put the matter behind you just yet. Wait quietly for three months
or so to see if the lawyer re-files, or files a motion. If that happens, go
to the court and get a copy of the minute order. If nothing happens, wait
for the statute of limitations to run out. Don't innitiate communications
with the company or attorney.
This answer must not be relied on as legal advice for the reasons posted
here: http://mcgyverdisclaimer.blogspot.com
McGyver
.
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