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q: letter I received today NBFR

ambrvanambrvan member
in Blended Families
I received a letter today from a debt collection law firm with whom I settled matters last year. The issue was that they could not verify the debt as mibe and I would not pay or acknowledge it unless they did because I remembered no such debt. I have never received anything from them in regards to the matter since it was dropped. This matter is not on my credit reports. I have nothing else outstanding to anyone.

Anyway, I received a letter that is really a copy of court communication dated January 29th. I'm going to paraphrase it.

"Dear Clerk:

Enclosed are tge original and copies of our proposed Order of Dismissal in regards to above referenced matter (of which I have no knowledge, I am listed as the defendant and since content I have never heard of is the plaintiff). Blah blah..... Have a judge review and sign if he will..... blah blah.... If there are costs due on this account, please remit the final cost with the copy of this Dismissal so that payment can be sent promptly. "

............

Then the second page is a court Order of Dismissal saying "the plaintiff hereby gives notice of Dismissal of all matters of controversy in this matter. It is ordered, adjudged, decreed that the above styled and numbered cause shall be dismissed without prejudice. And the cost shall be taxed to the plaintiff. "

Can someone tell me what this means?

I would rather not have to deal with the law firm again. Do you think it would hurt to call the clerk? I thought this whole thing was resolved. I don't want to be in trouble for something I don't believe I owe. Does it sound like they voluntarily dropped it or that a judge forced a dismissal?
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Re: q: letter I received today NBFR

  • joshsmandyjoshsmandy member
    It sounds like the judge forced a dismissal. Dismissed without prejudice is a good thing. Who is listed as the plaintiff? That's the one that has to pay the court costs it looks like. To answer your question, calling the court clerk never hurts when you have questions.
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  • KTdiditKTdidit member
    Sounds like the judge dismissed the whole thing, without prejudice is a good thing and it won't be held against you, and the law firm is responsible for any costs. Sounds like you are free and clear of it. If you have questions it never hurts to call the Clerk for clarification.
    BabyFetus Ticker


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  • ambrvanambrvan member
    Thanks guys. I'll call the clerk.
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  • +just+j++just+j+ member
    It means the judge says you don't owe them squat.
    "he offered her the world. she said she had her own" - poet Monique Duval
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  • ambrvanambrvan member
    I called the clerk. Thanks guys.
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  • Reallynervous83Reallynervous83 member
    Just an FYI a dismissal withOUT prejudice, if you are Defendant, is not a good thing.  It means that the Plaintiff can refile the case later on down the road.  As ad Defendant, you always want the dismissal to read WITH prejudice.  
    BabyFetus Ticker
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  • ambrvanambrvan member
    Yes, that is what the clerk told me. I have tried to contact the firm, but have not gotten anyone important to call me back YET. I honestly don't owe this company. I have never had an account with the firm they represent. They are not reported on any of my credit reports (I have recently checked all three bureaus). I don't know how to prove that this is not my account. Is the burden of proof on me or them?
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  • +just+j++just+j+ member
    If you are still hoping for a call from the firm, I highly doubt you will get one. The case has been dismissed. You are free and clear. There is nothing left to pursue.
    "he offered her the world. she said she had her own" - poet Monique Duval
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  • ambrvanambrvan member
    The clerk told me that the reason it was dismissed is because I was never served. She said they are free to file again at any time. Hopefully, they won't. The debt is not mine. It is not on any of my credit reports. I don't know how else to prove that it isn't mine other than my word. I have no knowledge of this account other than what I got in the mail last year before I contacted them the first time to dispute it.

    I just don't want it to pop back up when we try to buy a house our something.
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  • +just+j++just+j+ member
    Write a formal letter to them stating as such and send it certified. If you gabe a lawyer, list their name and phone and tell them any further disputes they try to make against you, you will bring him into it and consider a countersuit for harassing you under false pretenses.

    Its all bullshit and a mistly a bluff but they will think twice.

    I had to push back on Wells Fargo this past year. Two departments were not communicating apparently and i was being harrassed on an issue that was officially closed. I threatened a lawsuit. I had no idea if it would work but i pushed back and was very firm about filing a lawsuit if they did not stop because this was harrassment. I just got a letter last week stating i was correct and the matter is closed. Holy hell i was shocked.

    Give it a shot.

    "he offered her the world. she said she had her own" - poet Monique Duval
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  • ambrvanambrvan member
    I think that is what in going to do. I have a template letter to work with.
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