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Collection company file suit, never followed up. What next?


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If a case was filed and you replied, then the Court *should* have taken some action for the purposes of docket control.  Was the case dismissed by the Court or did counsel ever file a motion to Non-Suit the case?  If not and the case is still technically active, then you should file the appropriate Motion to Dismiss citing relevant Rules for your jurisdiction...remember to serve a copy upon opposing counsel as required by the Rules.

 

If there was a dismissal, then the question is whether it was with or without prejudice.  Without prejudice allows for a re-filing. 

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18 hours ago, Binggg said:

I guess I need to contact the court.  I was served so I went down and responded.  That was 6 months ago and I never heard anything else. 

Did you ALSO serve a copy upon opposing counsel as likely required by the Rules of Civil Procedure for your jurisdiction? 

 

Have you reviewed what Local Rules speak to in terms of docket control or management?  If not, why not?  You need to be thinking ahead, not sitting back and waiting. 

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  • 1 year later...
4 hours ago, legaleagle2012 said:

Any information would be helpful too, but you didn't give us any. 

OC is Creditshop for a small loan.  Last payment to them was 9/16.  Cach LLC is the plaintiff.  I'm in Texas.   I'm not sure what other information I can give but let me know what would be more helpful.  Luckily I check a gmail email that I have because that's the email I used or else I would have never known about it.  I think it was my first time checking it in a few months. 

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Midland filed suit against me in mid-2013 and I was served in late 2014 (not sure why it took them so long, I wasn't exactly trying to hide). My lawyer filed an answer a few weeks later and nothing else happened. I just waited patiently and at the end of 2016 the court finally dismissed the case for lack of activity. The only issue is that the open lawsuit tolls (pauses) the statute of limitations, but on a positive note Capital One denied my applications due to "pending legal action"

 

It happens because these debt buyers use outside firms to file so many lawsuits sometimes a few fall through the cracks. At one point Midland sent me a letter that said, I kid you not, "we are pleased to inform you that your case is now being handled by our in house legal team"

 

On 9/11/2020 at 9:42 AM, Binggg said:

OC is Creditshop for a small loan.  Last payment to them was 9/16.  Cach LLC is the plaintiff.  I'm in Texas.   I'm not sure what other information I can give but let me know what would be more helpful.  Luckily I check a gmail email that I have because that's the email I used or else I would have never known about it.  I think it was my first time checking it in a few months. 

What exactly did the email say? Does the court docket reflect the same information? For example in my case there was a FWOP (For Want of Prosecution) hearing a few months before the case was dismissed. I didn't show up to that one. If the other side shows up the case could be allowed to continue, if not it should get dismissed. Of course double check with your state/local rules of civil procedure as your situation might be different.

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On 9/13/2020 at 5:48 AM, legaleagle2012 said:

File for arbitration. CACH is not going to spend 5-6K in non-recoverable startup fees to chase a small loan.

Do I file the motion to compel arbitration before I actually file?  I just spoke with the court on how to file electronically but she of course couldn't advise me on how to do anything.

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On 9/13/2020 at 5:48 AM, legaleagle2012 said:

File for arbitration. CACH is not going to spend 5-6K in non-recoverable startup fees to chase a small loan.

 

Ok so I answered my last question and I'm filing today.  Quick question though.  On the sample letter for filing a motion to compel arbitration to says "credit card agreement."  Would I put "consumer loan" on it since it's a loan?

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