This Article is About
dismissal with prejudice
filing a motion
creditor
plaintiff
creditors
important things
bottom line
failure
credit card
Credit Card Lawsuit: To Dismiss With Or Without Prejudice
Join 1000's of Authors at StreetArticles Today!

Credit Card Lawsuit: To Dismiss With Or Without Prejudice

If say, your creditor's attorney failed abide with certain court rule, what happens? What step should you take to let the credit card lawsuit progress? The next step is to file Motion to dismiss the case the creditor for not abiding by court rules.

When involved in a credit card lawsuit and you file the motion for case dismissal against the creditor for failure to abide with a court rule note that plaintiff is given at least thirty (30) days to modify the first filed complaint in order to abide by the court rule with the said rule they failed to comply with. Filing a motion to dismiss a case is not readily granted unless the court sees enough reason to grant the motion. So don’t expect the case to easily be dismissed with prejudice because regardless, creditors are given time to modify the complaint.

Dismissal without prejudice refers to the fact that creditors can sue you for the same credit card issue again. To do this, creditors just need to amend the complaint to abide by court rules and the credit card lawsuit will proceed. On the other hand, prejudice means your credit can no longer press charges for the same debt. Basically, when a case is dismissed with prejudice, the court battle is OVER, you WON the case and your creditor CANNOT file a credit card lawsuit for the same debt ever again.

Here’s a better motion. You can ask the court to make the plaintiff to abide by the court rule by modifying the filed complaints within the 30 day period and if they failed to comply, ask for case dismissal with prejudice.This strategy will give the plaintiff 34 days to amend the complaint and comply with court rules, which they have the right to anyway, and WIN your case if they don’t comply. This will force the creditor to comply otherwise, they are done for.

The bottom line is, if you ask for dismissal without prejudice, what’s stopping your creditor from re-filing the credit card lawsuit? This is just one of the many important things you need to consider when you face a credit card lawsuit. For more tips on how to fight debt claims and win your case without the hefty legal costs, review your own state’s court rules and while you’re at it, look for valuable information online and offline. This way, you can defend yourself in court without even hiring an attorney and paying thousands of dollars on legal costs.


Street Talk

No comments present
You May Also Like
Do’s And Don’ts: Dealing With Junk Debt Agent
Dealing with aggressive debt agents is tricky. However, it is important to keep a few things in check when you talk to talk to an agent. In this post, we will discuss do’s and don’ts to keep in mind when dealing with a junk debt buyer: Don’t Divulge Personal Details…
By:  in  Legal  >  National State Local   Jun 07, 2012  
0
  Likes: 0

Credit Card Lawsuit: How To Defeat Summary Judgment
Essentially, Summary judgment will be ruled if the facts presented during the course of the credit card lawsuit proceedings are undisputed, and accurate. Many credit card companies who are pressing charges against delinquent debtors are hoping for a summary judgment because it’s basically a quick way to get the money…
By:  in  Legal  >  National State Local   May 24, 2012  
0
  Likes: 0

Dealing With Creditor Calls
How to Stop Collection Calls Are you dealing with creditor phone calls night and day and getting totally stressed out? I am going to suggest some methods to dramatically reduce or even stop these calls. You need to know your rights and let the creditors know you know! Here is…
By: PaulT in  Reference and Education  >  Financial Aid   May 21, 2013  
1
  Likes: 4

Avoiding A Credit Card Lawsuit: Negotiating With A Tough Creditor
With the looming economy, inflation and hundreds of people dealing with various financial problems, it’s not surprising that many are also facing credit card lawsuit for unpaid debt. The good news is, there is a way to avoid such problems, like meeting up with your creditor and striking a deal.…
By:  in  Finance  >  Credit   Jul 05, 2012  
0
  Likes: 0

Sued By Credit Card Company: What Your Creditor Won't Tell You
It might be scary to think about going head to head with your creditor when you are sued by your credit card but the fact is, collection attorneys and junk debt buyers can't really afford to litigate. Of course, they won't tell you this. They will subject you to a…
By:  in  Legal  >  National State Local   Apr 17, 2012  
0
  Likes: 0

The Patent (amendment) Rules, 2016
Draft Patent (Amendment) Rules, 2015 proposing amendment to the Patent Rules, 2003, was issued by Ministry of Commerce and Industry on October 26, 2015 and has invited comments from the public. The Government of India has now published Patent (Amendment) Rules, 2016 (Rules) vide notification dated May 16, 2015 amending…
By: singhania in  Legal  >  National State Local   Jun 07, 2016  
0
  Likes: 0

5 Important Faqs You Need to Know About Bail Bond Service
There are many questions that rise about bails and bonds, and the entire process. Many wonder how these laws and regulations differ from state to state, or county to county. They wonder how much and how long and what everything means. In this article, five of the most frequently asked…
By: Sarahbeth in  Legal  >  National State Local   May 28, 2016  
0
  Likes: 0

Enjoy Loads Of Benefits With Magento Development Services Los Angeles
While looking forward to developing an ecommerce platform, you can obtain magento development services Los Angeles because it will benefit you immensely. As you are looking forward to developing an ecommerce platform, you will have to select a proper development platform so that it acquires success in the course of…
By: jothamolsen in  Legal  >  National State Local   May 18, 2016  
0
  Likes: 0

How Do Bail Bonds Help People Prepare for Court?
There are various ways bail bonds help people in between an arrest and a court date. Having the chance to leave jail and await a court hearing from the comfort of their own home can increase the chances of a person improving their legal situation. Continue reading to learn how…
By: Sarahbeth in  Legal  >  National State Local   Feb 20, 2016  
0
  Likes: 0

The Why, How, When, And What Of Hiring Arbitration Attorneys For Investors
Why do you need FINRA arbitration attorneys? When you do business with a national or large regional brokerage firm, there is every chance that you will be asked to mandatorily sign a FINRA arbitration agreement. The Financial Industry Regulatory Authority (FINRA) is the largest independent securities regulator in the United…
By: Stuart Meissner in  Legal  >  National State Local   Dec 26, 2012  
0
  Likes: 2

The Best Ways Of Finding A First - rate Solicitor - Part 3
The solicitors and lawyers do more than giving out legal information. Types of strategic advice are what they are hired for and they apply sophisticated technical skills to deal with the legal problems of the clients. In the last two parts (Part 1 & 2), of this article regarding the…
By: Robin Joe in  Legal  >  National State Local   Oct 05, 2015  
0
  Likes: 0

Answering to Credit Card Debt Collection Agency
As soon as you learn that charges are being pressed against you for unpaid credit card debt, you need to create the right response to summons. First, you have to read the summons and complaints and file a Notice to Appear in your local court. This will help present the…
By:  in  Legal  >  National State Local   Mar 12, 2012  
0
  Likes: 0

How to Approach Reserching Washington Lawyers for Your Specific Case
Everyone knows someone who has a horror story about an inept attorney, who charged them an enormous amount for little work done on a case. If they were lucky, they saw it early and were able to replace the lawyer. Many people assume that all lawyers are created equal. However,…
By: Alan Weiser in  Legal  >  National State Local   Mar 15, 2012  
0
  Likes: 0

How Beneficial Is To File Chapter 7 Attorney Miami
We often have to go through different phase in life. Sometime we would need to make decisions which are quite tough but will have a positive effect on our future. We have heard of people filing bankruptcy. It is one of the options provided by the law to get the…
By: jamesstew in  Legal  >  National State Local   Jan 11, 2014  
0
  Likes: 0

Pima County Public Records
Pima County Public Records are now accessible to the public online, thanks to the new policy that was passed in Arizona, a state that is the sixth largest in all of America. The Pima county public records have an online accessible database that is available for viewing. However, there are…
By: S. Brown in  Legal  >  National State Local   Feb 20, 2011  
0
  Likes: 1

Article Views: 3652    Report this Article