notice of discontinuance??????

iVillage Member
Registered: 05-04-2006
notice of discontinuance??????
1
Mon, 07-27-2009 - 2:34pm

Hi All.

I was sued by a collection agency that bought the debt. I was NEVER SERVED. It seems that the Attorney General of NY is going after 38 or so law firms and debt collection agencies for getting faulty judgments and now they have to return all the money. And the law firm representing the company suing me is named in the Attorney General's lawsuit.

As far as my case is concerned, I had never been properly or legally served. But...I DID get a court paper saying that I had been sued. A friend took me to the court house and lo and behold, there was a lawsuit against me.

I filed papers denying the debt. We had a court date. I showed up and so did the other side. I went in front of the judge saying "this is not my debt, and besides I was never served properly, I am asking for a dismissal". She said "You need to write a motion".

I found out how to do this. I did it and I filed motion papers.

I went to Motion court, and the judge would not dismiss it. So I asked for a traverse on the grounds that I was never served.

Well, the traverse was last week. No one from the other side showed up, and I was granted a dismissal of my case by default and they granted my motion. (I asked the clerk "does this mean my case is dismissed and she said "no, you still have to show up at your trial date". (which is in September)"And they can still re-serve you".

So the other day I get a paper in the mail from the law firm representing the other side and the paper says 'NOTICE OF DISCONTUANCE". It was filed in the court.

I went online, looked up my Index Number, and found my case.

Under Case Status, it said 'DISPOSED'

Of course I thought this meant it was DISMISSED

Not so.

I just got off the phone with the Court clerk and I told her the whole story. She was in a good mood and thankfully she answered all my questions.

She looked up my index number and said 'oh, it's all over". I said "IT IS?? But I thought it's not dismissed, and I have to show up in Court in September???

She said "I'm sending up this stipulation right now, up to the court so you don't have to show up in Court in September".

Now, not that I don't trust this person, she was very nice, but I had to ask "What exactly does this mean....what you are doing?"

She replied "oh, it means, that it's all over".

I then said "what if I go to Court (just to make sure).

She said "oh, when they call your case, the clerk will say "this case has been discontinued".

So I just want to make sure that this really is over.

Oh, I also know that it was not Dismissed with Prejudice, meaning that they can re-sue me, and re-serve me.

But the lawyer knows I am on Social Security Disability and have no attachable assets. I told him this the first time we went to Court.

We've been doing the back and forth legal thing, with me asking for proof of my debt and his writing me back saying "we don't have to provide proof, you have the payment proof". I HAVE NOTHING BY THE WAY.

I always thought it was up to the Plaintiff to prove that I owe the debt. Not up to me to help their case.

So this is what I know as of today.

The other side filed a Notice of Discontinuance with the court as regards to my case.

I am definitely going to Court in September just to make sure.

I have no idea if they will re-serve me.

Any comments are welcome.

lub

Community Leader
Registered: 03-17-2003
Thu, 07-30-2009 - 2:52pm

You are doing everything correctly.