Legal Question in Credit and Debt Law in California
Dismissal without Prejudice and Judgement Entered
I received a summon from a collections agency back in March, but since it's only a copy with no signatures and court's stamp on it, I didn't take it seriously. I thought the plaintiff's attroney would eventually send me another one by mail, but I haven't received anything else thereafter. I recently looked it up from the court system and found that the case was stated ''Dismissal without Prejudice'' in May, but it also stated ''Under application to the clerk for judgement '' in July. Was the case dismissed or there's actully a default judgement against me? Meanwhile, the case was sent to a wrong jurisdiction where I have never lived for a single day. Thank you.
2 Answers from Attorneys
Re: Dismissal without Prejudice and Judgement Entered
We would have to look at the web site for the county. It may be that just the Does were dismissed. Please contact us if you have any other questions. You may also have an action under the FDCA if the lawsuit was filed in the wrong county.
Re: Dismissal without Prejudice and Judgement Entered
When you were served with the summons, you could have at least validated your theory that the summons wasn't to be taken seriously by taking it to a lawyer. Instead, you blew it off, and because of this you might be SOL.
Lawsuits are serious business. When the sheriff shows up at your bank or place of employment to take your money, which could be Real Soon Now, you might begin to realize this.
However, there may yet be hope for you, depending on whether you act immediately and whether you have a defense to the lawsuit, for example, such as its being filed too late.
You need to sober up and consult a lawyer in the locality where the lawsuit was filed, without delay.
The CA may be liable to you under the FDCPA for filing in a remote jurisdiction. This is known as "distant forum abuse."
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