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Order to Dismiss without prejudice and Stipulation that there are no costs. What should I do if they never had proof of suit?
Anonymous3 views2 answers
Being sued for a debt that the plaintiff had no documentation to prove this existed, judge held it over for discovery and still no information (not even a single piece of paper) exists that this is my account or I owe it and now 6 months later we are getting ready to go to court on Aug 29 and the plaintiff attorney wants us to sign an Order to Dismiss without prejudice with Stipulation that no costs to either party. They said they haven't found any documentation so they would like to dismiss but still want us to pay this account. I would like this account taken off my credit report and have a judgement stating this is not owed for future reference. Should I not sign the Order and wait for my court date and also can the plaintiff dismiss if I don't sign? What should I do?
Form what you have related you should not be signing a stipulation to dismiss without prejudice or costs. That will all the claimant to re-file the action if the documentation ever show up.
I cannot understand how the Plaintiff's attorney would think you should still "pay" the obligation which they cannot prove you have. He is trying yo take advantage of you or there are some facts which you have not related.
If the case is dismissed WITH prejudice you cannot be sued again and you can report that fact to the credit bureaus who should, as a result, correct you credit record.
I believe you would be best served by engaging an attorney to represent and argue for you. I suspect Plaintiff will be seeking additional delays and more time for discovery at the trial date. Get an attorney whose job it will be to seek to prevent that from happening.
