# Insight on a letter from courthouse



## Chuck71 (Nov 5, 2012)

Insight on a letter from courthouse

Back when I was M to Window Cork, she used one of my credit cards to consolidate all of hers. She and I were paying it down when the CC company doubled the APR. This was when Obama passed a bill saying if customers were up to date on their payments the last six months, they have to revert the APR back to original. The company refused, even after I stated the Act passed.

I told them to KMA and I will see you in court. This was back in 2011. We / I did owe this company but were not going to accept a doubling of the APR when the law stated they were not in line to do so. I'm sure it has damaged my credit and I will deal with that at a later time. But I recently received this from the courthouse (I was never summoned to court to explain myself to a judge).
__________________________________________

xxxxxxxxxxxx Plaintiff Chuck71 Defendant

Order
It appearing to the Court that no action has been taken to set or otherwise prosecute this case and that plaintiff does not intend to proceed, it is, OREDERED that the case be DISMISSED without prejudice and costs taxed to plaintiff. 
This 21 day of August 2015

Circuit Court Judge signature

CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and exact copy of the foregoing have been served upon all parties at last known addresses by deposit in the United States mail, postage prepaid.

NOTE: This order dismisses the case only because plaintiff is either unable to prosecute it or no longer desires to do so. If the dismissal is in error, please forward a proposed order within 30 days of the entry date along with an exploratory letter. 
____________________________________________

If this is the case..... is it over? Or can they turn around and re-file in 45 days, 90 days, 3 years?

Thank you in advance for any help!


----------



## Openminded (Feb 21, 2013)

IIRC, "without prejudice" means they can refile at any point if they choose (unfortunately). 

If it had said "with prejudice" then they couldn't.


----------



## Chuck71 (Nov 5, 2012)

EGH...... was too good to be true. Thank you. I don't mind paying what I owe but will not lay down to a 

corporate thug. Their move I guess.


----------



## Voltaire2013 (Sep 22, 2013)

Chuck71 said:


> EGH...... was too good to be true. Thank you. I don't mind paying what I owe but will not lay down to a
> 
> corporate thug. Their move I guess.


My legal counsel,Gus Polinski Esq, says to seek the advice of an attorney, he also says to DNA your kids, but he told me the same when my computer crashed. :grin2:

Cheers,
V(13)
Seriously, run it by a legal friend.


----------



## gouge_away (Apr 7, 2015)

It sounds like they were trying to sneak in a default judgment by not serving you. That way you don't show up, and bang bang done.

But wise judge requested admission of service, and they didn't present one so judge threw out the case.

I would expect to be served, check the legal notices in the paper.

Edit,...
Keep that letter in case next time they pull the same thing, they might even 'pretend' that they don't know your current address, but obviously you got the conclusion via mail from the judge last time.


----------



## EleGirl (Dec 3, 2011)

I agree about checking legal notices. These days you can probably do an internet search and find any notices that were filed in the past because most news "papers" now publish online as well as in print.


----------



## Cooper (Apr 18, 2008)

gouge_away said:


> It sounds like they were trying to sneak in a default judgment by not serving you. That way you don't show up, and bang bang done.
> 
> But wise judge requested admission of service, and they didn't present one so judge threw out the case.
> 
> ...


Above is how I would expect the scenario to happen. My guess is they still aren't done, even if they end up collecting pennies on the dollar they will want something before they sign off.

Here's my question; when they doubled the interest rate did you continue paying? Have or are you still paying? I can imagine how much you owe now with interest and penalties from four years of non payment. I don't think you did yourself any favors, you should have continued paying and then sued them for unlawful business practice (if there was truly a cause), or the most logical approach was to pay the bill off.


----------



## Chuck71 (Nov 5, 2012)

We paid the first double APR payment. I contacted the company and stated the Act passed. They laughed at me. I laughed too, while I copied their badge ID they gave. Each call was recorded and being across state lines were in line with the Ricco Act. I paid previous amount until it was turned over to "collection specialist." They then wanted full balance. I agreed under previous terms. They refused. I sent $6.66 for a number of months.

I do not mind paying what I owe but I will not stand to be shoved around. I would rather go down swinging than lay down and submit to a falsehood. At least, then.... I can sleep at night.

The company is Capital One. I took on Juniper and Chase twice and won.... yet were clearly in my favor and over much less $. While as the sports editor, the owner of the paper did allow me to write in other arenas. I wrote a how-to on how to combat the CC industry. PM me for the article, will send it plus the link to entire paper.

I stopped making payments in 2014 when the amount I sent in was not being applied to the balance. And this was when a firm was involved. Yes the amount is substantial. They can be greedy and end up with nothing, they can be fair and we agree. Either way works for me.

The power of the pen goes much further than the power of the fist in this case. Not one time in my life, have I went out with intent to screw someone over, be it a CC unsecured account or a stack of baseball cards in 1983. When I feel I am being drug over the coals... can't sit idle by. My parents told me to never start a fight but if it is thrust upon you, finish it. 

Round 3 awaits......


----------



## Chuck71 (Nov 5, 2012)

I refuse to file Chapter 7 / 13 bankruptcy..... that's the easy way out. I'd rather be able to sleep at night.


----------



## gouge_away (Apr 7, 2015)

Wait, firm involved?
Did capitol1 realized they weren't going to win so they sold off the debt, now the buyers are after you?


----------



## Chuck71 (Nov 5, 2012)

The law firm..... from a different state sent me a letter in 2013 claiming they were hired to represent Cap1. I continued to send payments in to Cap1's payment office. That is when the firm would sent settlement offers but the total balance went unchanged. That is when I stopped paying.

I had numerous friends who were caught in the recession of 2008-2012, be it car loans or CCs, were served court notices after getting behind about nine months in. Mine has been ongoing for five years this March.

If they thought they had a clear cut case, I would have been in front of a judge in late 2011 / early 2012 or called out in the hall by some para-legal working for a firm locally, not one in a neighboring state (175 miles away).


----------

