What is a VOLUNTARY DISCONTINUANCE ex...

What is a VOLUNTARY DISCONTINUANCE exactly?

Posted in the Baskerville Forum

averydine703

Buffalo, NY

#1 Nov 15, 2013
What is a VOLUNTARY DISCONTINUANCE exactly?i am involved in a consumer debt matter, i am the defendant. i went to court two months ago and asked the plaintiff (who represents a junk debt buyer) for some documentation and none was produced. i knew my rights and it was likely a frivilous claim. the attorney stated that since she didn't have any documentation that she would do a "discontinuance" so we went before the judge and the judge wrote it on the file - DISCONTINUANCE WITHOUT PREJUDICE.

that was two months ago, and i am very sure that the junk debt buyer is not going to produce the necessary papers needed for court. i am not too worried that they will. however i do not want to be strung along. i want to know if this case is in legal limbo OR if i can move the court for a dismissal with prejudice which would end the action for good.

so basically, can i file a motion to dismiss WITH prejudice.

also is the statute of limitations on this tolled or are they running in the case of a discontinuance without prejudice?? i have asked 5 attys this and no one knows exactly what the status of this case is.

i need to start an FDCPA claim against the idiots for bringing a frivilous action in the first place and i have only two month left (you have to do it in one year from the date of the summons and complaint in new york).

i want to hear from those who really know this law as it applies to a civil court matter in new york city. i would also like to know where the civil court pertaining to this law is written, because i cannot find it.

thank you in advance.

nina
mayadenby024

Buffalo, NY

#2 Nov 15, 2013
averydine703 wrote:
What is a VOLUNTARY DISCONTINUANCE exactly?i am involved in a consumer debt matter, i am the defendant. i went to court two months ago and asked the plaintiff (who represents a junk debt buyer) for some documentation and none was produced. i knew my rights and it was likely a frivilous claim. the attorney stated that since she didn't have any documentation that she would do a "discontinuance" so we went before the judge and the judge wrote it on the file - DISCONTINUANCE WITHOUT PREJUDICE.

that was two months ago, and i am very sure that the junk debt buyer is not going to produce the necessary papers needed for court. i am not too worried that they will. however i do not want to be strung along. i want to know if this case is in legal limbo OR if i can move the court for a dismissal with prejudice which would end the action for good.

so basically, can i file a motion to dismiss WITH prejudice.

also is the statute of limitations on this tolled or are they running in the case of a discontinuance without prejudice?? i have asked 5 attys this and no one knows exactly what the status of this case is.

i need to start an FDCPA claim against the idiots for bringing a frivilous action in the first place and i have only two month left (you have to do it in one year from the date of the summons and complaint in new york).

i want to hear from those who really know this law as it applies to a civil court matter in new york city. i would also like to know where the civil court pertaining to this law is written, because i cannot find it.

thank you in advance.

nina.
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