• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Request for nonsuit by plaintiff in credit card case

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

MollyPaulStaple

Junior Member
What is the name of your state (only U.S. law)? virginia
I was served a warrant in debt of an alleged debt, from what I believe is a debt buyer collection agency attorney law firm. Plaintiff never filed a complaint with the warrant in debt. The attachment to the warrant was an affidavit from an alleged " Agent" of capital one bank, with no fact based allegations in the affidavit.
I responded to the complaint, citing rule 17, plaintiff was using the Corporate name of Capital one to have a semblance of standing where non was demonstrated to exist.
The warrant in debt plaintiff was attempting to collect on was after the Virginia 3 year statute of limitations on open accounts. That was motioned to dismiss in the response from me.
They supplied no accounting of how they arrived at the claim they were asserting.
They supplied no copy of any contract with links to purchases by invoice and event, or any proofs. Motion was made to dismiss under rule 12 B(6)
Plaintiff supplied a summary screen of account information that appeared to by from the law firm computer, and not Capital one bank.
Plaintiff supplied no evidence of the purported "authorized agency" asserted by the affidavit, and signed under penalty of perjury.
I filed motion to dismiss under rule 3.3, candor toward the tribunal, as plaintiff failed to meet any burden at all, and were attempting to hoodwink the court.
I appeared in court on the date of preliminary hearing. Judge listened to my motion, and plaintiffs attorney requested a trial date be set, and said he never received my information. I should have objected, as there was a motion before the court and he should have ruled on the issue of standing.
Judge requested Written bill of particulars from plaintiff by Dec 3, and my grounds for defense by december 14. Plaintiff did not submit bill of particulars, so I cannot answer grounds for defense.
Plaintiff filed with the court a request that this matter be nonsuited.
"By copy of this letter, I am confirming this request with the defendant. Accordingly, no judgment wil be taken, and the defendant does NOT have to appear on the above date."

Question.

Can the case be reopened with a nonsuit. What are the defenses to a nonsuit, and is a nonsuit by the plaintiff sufficient for dismissal?
What are my options. I believe I should object to the nonsuit and motion the court to rule on the original motion to dismiss, as the plaintiff violated the rules of professional conduct, the rules of evidence, and rules of procedure.
Any other suggestions would be greatly appreciated.
 


roanoway

Junior Member
Same deal here

MPS, I have the exact same thing here (Virginia also) except mine is circuit court. Had the same thing happen last year. It does seem that they have 6 months to reopen. I had the exact same thing last year and thought nothing of it. There was nothing for me to sign or do. Took a week for the judge to sign off and after some time it was listed as dismissed. This time I've been sent a form letter from the plaintiff asking for my signature. Like you I'm not sure which way to go. Am anxiously watching this board for an answer.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top