Different expert here. Please permit me to assist. I have asked customer service to transfer this question to the bankruptcy law category. Meanwhile, you asked:
I just received an OSC re Dismissal of Settled Case. What does this mean and do I need to file a response to this?
A: An OSC is an "order to show cause," which is a hearing asking the court to order the other party/ies to appear and show cause as to why the order requested by the moving party should not be granted by the court.
An OSC re dismissal is probably being issued, because the plaintiff has not been paid according to the settlement, and so the plaintiff wants to have the dismissal set aside, so that a money judgment can be obtained. If the original case was originally dismissed with prejudice, then your response would be that the set aside is barred as "res judicata," and that plaintiff's only recourse now is to file an independent action for breach of the settlement agreement.I should add that the Court served the former atty of record who had to quit his practice and is under suspension by the Bar. I have been paying a collection agency atty. They (the previous atty or the current one) obviously have not informed the court. I want this dismissed- any chance?
A: The fact that the attorney is suspended could give you grounds to object to the service as ineffective. Generally, the first postjudgment action must be personally served in the same manner as a summons and complaint, so that you receive adequate notice
of the fact that the lawsuit is active again. This could get you a dismissal of the OSC, but only for the time that would be required to file it again and personally serve you with the pleadings. If you think that's worth your time, then you could ask the court to quash service as ineffective in a separate motion to quash.
Also would this be dismissed due to jurisdiction? (Fed BK ct vs State ct)?
A: If you were sued in state court by the creditor, and the bankruptcy court
allowed the case to go forward to judgment or dismissal, then the state court has jurisdiction to deal with the postjudgment matter of nonpayment.
Hope this helps.
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