Lawsuit dismissed with a twist

[BigJohn]

We were sued at the end of December. We decided to file BK13 instead of fighting the suit. Yesterday, we got a "Notice of Dismissal" in regards to the case. The reason for dismissial, without prejudice, was "Plaintiff affirms that it has not received an answer or other response to its complaint as permitted under the Utah Rules of Civil Procedure".

Can you believe that people actually believe there is not a god or angels.

[AngelinaCatHub]

We were sued at the end of December. We decided to file BK13 instead of fighting the suit. Yesterday, we got a "Notice of Dismissal" in regards to the case. The reason for dismissial, without prejudice, was "Plaintiff affirms that it has not received an answer or other response to its complaint as permitted under the Utah Rules of Civil Procedure".

Can you believe that people actually believe there is not a god or angels.

http://www.youtube.com/watch?v=_1_kgNp9oQg

[2Bshinyandnew]

Wouldn't the case be dismissed due to the automatic stay your CH13 filing gave you?

[AngelinaCatHub]

Wouldn't the case be dismissed due to the automatic stay your CH13 filing gave you?

[2Bshinyandnew]

Oops, I missed where you said this:

The bk will only stay a civil case until your 13 is confirmed.

Time for me to put my reading specs on!
Congrats BigJohn. Great news!

[catleg]

What are you saying here BB?

I assume you're saying the plaintiff played it right. Not that it's going to help them much if our guy gets the BK discharge. But if he doesn't they're still in play. Is there a way as the defendant to reduce the plaintiff's options here?

[AngelinaCatHub]

Well wouldn't this be smart way to "dismiss" a suit you filed that the defendant filed a CH13 on? I mean this way, if the defendant misses a payment or gets off the CH13, they can immediately refile and not have to wait for it to go through the BK system and then the notice be sent to the civil court to be dismissed months later. I am just saying that by dismissing a pending lawsuit on these grounds you can refile and move on it very quickly now if the defendant blows the CH13 plan (not saying you are John).

Another good reason to not respond to a lawsuit...lol

[AngelinaCatHub]

Oops, I missed where you said this:



Time for me to put my reading specs on!
Congrats BigJohn. Great news!

LOL. Not a problem. I have an extra pair so that when I mis-place my glasses, I need glasses to look for them. LOL. 'Hub

[BigJohn]

Statue of limitations is 3 years unless they look at it as a written contract and that is 4 years (outside the State). we are in less then a 4 year plan. If they should get a judgment, it is only good for 4 years and can not get renewed (foreign judgment). This debt will be discharged in bankruptcy at the original creditor level with a payback of less then 5%.

[CompTweaker]

Statue of limitations is 3 years unless they look at it as a written contract and that is 4 years (outside the State). we are in less then a 4 year plan. If they should get a judgment, it is only good for 4 years and can not get renewed (foreign judgment). This debt will be discharged in bankruptcy at the original creditor level with a payback of less then 5%.

There ya go
but still, congrats on not having to deal with them and that lawsuit