Hello so…
"I was involved in a debt collection lawsuit in Texas for $4,364.83. I was served on July 14, and I quickly filed an answer and a motion to compel arbitration with the court. I also sent a copy to the collection agency.
Two weeks later, I received a letter from the collection agency stating that the case was dismissed without prejudice, meaning they can refile the case.
What steps do I need to take to get the case dismissed permanently with prejudice? I’ve heard that if you answer and file a motion to compel arbitration, the case can’t be dismissed without prejudice, though I’m not a lawyer. Should I consider filing a motion to dismiss? And what should I include in it?
Also, do I need to file a motion to dismiss if the Plaintiff didn’t show up on the court date and the case was dismissed? How should I best handle this situation?"
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For my case, the date of disposition and dismissal was July 31, 2024.
“I’m not a lawyer, but I do know that the court’s Rules of Civil Procedure must be followed. If those rules allow for voluntary dismissal without prejudice, then the plaintiff had the right to do so, and you can’t change that. As long as they followed the proper procedures, they’re within their rights.
These rules apply to both sides. If you were the one filing a lawsuit and needed to dismiss it for some reason, you’d want the option to refile. It wouldn’t be fair if the other party could change the rules to stop you from doing so.
Regarding the claim that a case can’t be voluntarily dismissed without prejudice because of an arbitration demand, you’d need to check your state’s specific rules. Rules can vary from state to state, so what might be true in one state might not apply in another. You should look for the specific rule that backs up what you were told.
The likelihood of the plaintiff refiling the case against you is probably low since they know you’d just file another motion to compel arbitration.”
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"These are based on Rule 41 in Texas. Yes, voluntary dismissal without prejudice is allowed, meaning the plaintiff can bring the lawsuit again. However, I’ve been told that in Texas, the judge has the final say, and if they rule in my favor, that’s if i’m done. I filed my Answer and also included a counterclaim, such as ‘Compel Arbitration.’
There’s another part of Rule 41 that states if you filed an Answer, the plaintiff can only dismiss their lawsuit without prejudice if the defendant (you) failed to respond to a Motion for Summary Judgment. The plaintiff may dismiss a lawsuit without a court order under specific circumstances, such as Rules 23(e), 23.1(c), 23.2, and 66, or any applicable federal statutes, if:
An Answer or Motion for Summary Judgment is served before a notice of dismissal is served.
There are only two scenarios where dismissal is allowed after the defendant has taken such action:
- The defendant agrees to dismiss the case.
- The judge overseeing the case dismisses it.
A voluntary dismissal means that if the case is brought to court again and dismissed a second time, it’s over for good. If the defendant has filed a counterclaim, the case can only be dismissed if the counterclaim remains intact."
Perhaps settle your loan. After you settle your loan, you’ll never experience this again.
"I’m not a lawyer, but the chances of them suing you again after seeing that you’re actively responding and filing motions for arbitration are probably low. Just keep an eye on your mailbox for any official correspondence from the court or an arbitration company to make sure you don’t miss anything important.
From my own research, I found an interesting statistic: nearly 90% of people sued for debt either don’t respond to the lawsuit, leading to a default judgment in favor of the creditor, or they contact the creditor before the lawsuit progresses and settle. The reality is that there are thousands of these cases, and for creditors, it’s often a numbers game to see if it’s worth pursuing. If you owe a large amount, say in the five figures, they might be more motivated to recover the debt. However, hiring their own lawyers costs them money, and at some point, it may not be worth the expense."
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JAMS is supposed to be the source of arbitration correspondence, right? Even if there is little probability that they will return to court, I am still unable to submit a move to dismiss with prejudice.
In addition, I want to submit a COUNTER AFFIDAVIT. Is that something worthwhile?
whichever is specified in the arbitration clause of the agreement, JAMS or AAA. I’m not sure if submitting a counteraffidavit is worthwhile. Why would you want to do that?
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Counter-Affidavit stated in the account