Tazae Hughes asked 6 days ago
I filed my Motion to Dismiss with Prejudice at the same time I submitted my Answers to Midland’s complaint. Approximately 30 days after I filed my Answer and Motion, Midland Credit Management filed their own Motion to Dismiss without Prejudice, which the court granted.Given that my Motion to Dismiss with Prejudice was filed first, I am trying to understand why the court ruled on the plaintiff’s motion but did not address mine. Should I file a renewed Motion to Dismiss with Prejudice, requesting the court rule on my original motion, or should I accept the dismissal without prejudice as it stands?
Please login or Register to submit your answer
I get what you are asking but take the win! Had you filed a counterclaim, in most states they could not dismiss the whole case, just theirs and your counterclaim would have survived. But your great work scared MCM into dismissing. The lawyer will tell their client they can still file it down the road to cover his a**and they may. But I have never seen them re-file it after dismissing without prejudice. I would not poke the bear further. Yes, I get what you are asking but you did good: You beat the bear. Even on the rare chance you see the case again, you stand a good chance of beating them. Just keep an eye on the Court docket once a month or so (set your calendar) and enjoy your victory. Great job. If it still bothers you and you want closure, sue them. I just did a video on how to do that. They will seek to settle probably and then you demand your elimination of the debt. Your call to make in your state. Clean up your credit too and send in the current dismissal paperwork with your dispute. It is all likely done for good is my belief-my two cents.