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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27686
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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I received a letter from a lawyer stating: "Pursuant to

Customer Question

I received a letter from a lawyer stating:

"Pursuant to Multnomah County Local Rule SLR 5.025(3), we are providing you with a notice that we will be appearing in the presiding Judge's courtroom, [location, address, and date] to present an ex parte Motion and Order to reinstate the above case, which had been previously dismissed. You may appear in person or through an attorney and contest the Motion.

"We request that you contact our office at [phone number] at least twenty-four (24) hous prior to the hearing and advise us as to whether you will appear and contet the matter or whether you have no objection to the entry of the Order of Reinstatement.

"We are debt collectors. If you have questions regarding your right and responsibilities, you should consult with your own independent counsel."

This comes from a bad credit card debt. I believed I had agreed over the phone to a settlement with a previous debt collector. However, I have no documentation to support this. The case was previously dismissed due to inacton on the plaintiff's part; to my favor. However, I received this letter today and in 3 days the Motion will be filed.

Should I appear in person? I am completely unprepared and unfamiliar with how this could or should go. The debt is about $5,000. Is it worth finding my own counsel? Or will merely appearing in front of the Judge likely prevent the Motion from succeeding?
Submitted: 1 year ago.
Category: Legal
Expert:  Dave Kennett replied 1 year ago.
Dear JACUSTOMER - All of this depends on the history of the case. If the case was dismissed "without prejudice" then it can be refiled or reinstated within a year of dismissal so if you appear or don't appear it is likely the motion will be sustained. If you have some legal reason why it shouldn't be reinstated then you definitely should appear or get an attorney but it would be a waste of money to hire an attorney if there is no reason for the case not to be reinstated. Since I have no facts as to what happened with the original case I can't be more specific. I would need to know why it was dismissed and if "without prejudice" and when the dismissal took place to be able to offer more information. Please let me know if you have any of those facts available.
Customer: replied 1 year ago.

Thank you for your quick response. My only other record of this case was a previous letter from the plaintiff attorney including the Motion and Order for reinstatement. I should have included it in the original question:


 


"Based upon the attached Declaration of [attorney name], plaintiff moved the Court to reinstate the above case, which was dismissed October 24 2012, as to [my name], by the following order


 


__ UTCR 7.020 Judgement of Dismissal


__ORCP 54B(3) Judgement of Dismissal (including cases that were reported settled and cases dismissed for failure to appear at trial assignment pursuant to SLR 7.055(8)(A))


__Inactive status due to bankruptcy, independent arbitration, appeal or other


__Judgement of Dismissal for failure to comply with rules of arbitration (request under this provision must be presented to the Dispute resolution Department)


"


 


Also:


 


"DECLARATION IN SUPPORT OF PLAINTIFF'S MOTION AND ORDER FOR REINSTATEMENT


 


"I am Plaintiff's attorney ... This matter was dismissed for failure to enter a default judgement within a timely manner. Due to technical difficulties experienced by our client, our office did not receive a Affidavit in Support of Judgement in a timely manner. This office has obtained the original Affidavit and upon reinstatement of this matter our office will file a default judgement."


 


With this information, would you assume that the Motion will be sustained?

Expert:  Dave Kennett replied 1 year ago.
Yes but I would argue that you now have a right to file an answer and that only the case itself can be reinstated and that you should have the statutory time to file an answer. What the plaintiff wants to do is reinstate the case and then file for a default since apparently you never filed an answer in the original case which would permitted them to file for a default. So you can appear in court and state that you object to a reinstatement unless you are given the opportunity to file an answer before any default is granted. You definitely should appear or get an attorney to appear on your behalf since you will be faced with a judgment against you without having the opportunity to respond.
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27686
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
Dave Kennett and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for your help! This was exactly the advice I was hoping for. I have no idea what "filing an answer" would entail, but I am sure with 30 days I could come up with something.


 


Cheers!

Expert:  Dave Kennett replied 1 year ago.
Filing an answer is simply using the heading on the complaint with the court name at the top and the parties and case number XXXXX and where it says "complaint" you would put answer. Then below that you would state why you do not feel you owe the debt and set up any legal defenses you may have. That part of it I cannot assist with but that is how you prepare an answer. You would then sign it and file it with the court and send a copy to the other attorney. Thanks for using our service - Dave
Customer: replied 1 year ago.

Plaintiff's attorney struck the motion simply because I appeared. It remains dismissed. Though they may refile if we do not come to a settlement.


 


Thank you, Dave!!

Expert:  Dave Kennett replied 1 year ago.
It's always best to appear and make sure you defend yourself. Something tells me they don't have what they need to prove their case!

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