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Re: Cap-one/ summons to appear/ attorney/no paperwork


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Posted by Taziblue (65.229.184.61) on November 24, 2003 at 11:29:11:

In Reply to: Cap-one/ summons to appear/ attorney/no paperwork posted by albatross on November 22, 2003 at 12:13:34:

The best way to find out what happened is to go to the courthouse and read the file. If the case was dismissed, you are in good shape.

If not, then you can have it dismissed yourself for failure to prosecute. Be careful and don't stir up anything with the creditor. YOu have to file the motion to dismiss before they file another piece of paper.

This sounds like small claims court based on the pre-trial. If it is small claims court, you can have it dismissed after 180 days. If it is not small claims court, then you have to wait one year.

I would suggest waiting a day or two past the drop dead date and then filing.

Make sure you ask to dismiss with prejudice so they can not refile. You are still within the sol.


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