Notice of Voluntary Dismissal

[epagaduan]

What is the name of your state (only U.S. law)? Georgia

I received in the mail from Mann Bracken, LLP, attorneys for Plaintiff, HSBC a "Notice of Voluntary Dismissal".

Question:

This Notice was not filed with the courts...Do I need to have it filed?

I was summoned a complaint and everything after that, I have been filing with the court.

Mann Bracken decided to "dismiss" this case. What do I do now? Is it over?What is the name of your state (only U.S. law)?

[cosine]

Originally Posted by epagaduan

What is the name of your state (only U.S. law)? Georgia

I received in the mail from Mann Bracken, LLP, attorneys for Plaintiff, HSBC a "Notice of Voluntary Dismissal".

Question:

This Notice was not filed with the courts...Do I need to have it filed?

I was summoned a complaint and everything after that, I have been filing with the court.

Mann Bracken decided to "dismiss" this case. What do I do now? Is it over?What is the name of your state (only U.S. law)?

Since it was not filed with the court, it means nothing. It sounds like a trick to get you to not show up in court so they can get a default judgment on a lawsuit they did not dismiss. Continue as you have been doing, responding to the court, and show up at the hearing date/time/place as directed. Only if the court ITSELF sends you an order of dismissal ... which you should verify by calling the clerk to be sure ... can you treat it as dismissed.

[epagaduan]

Originally Posted by cosine

Since it was not filed with the court, it means nothing. It sounds like a trick to get you to not show up in court so they can get a default judgment on a lawsuit they did not dismiss. Continue as you have been doing, responding to the court, and show up at the hearing date/time/place as directed. Only if the court ITSELF sends you an order of dismissal ... which you should verify by calling the clerk to be sure ... can you treat it as dismissed.

So far, there has been no hearing set for this case. I called the court clerk and she said to call back in 10 days to see if the notice have been filed. If not, what should I do?

[cosine]

If the original summons required filing a response with the court, be sure to do that before the required date. Until you KNOW the the case is dismissed by the court, proceed as if it is not. Additionally (I am amending my previous advice), do NOT do so even if the clerk says it is dismissed; get it in WRITING. If the clerk cannot mail it to you, go to the clerk's office and get a copy.