How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
18572087
Type Your Legal Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

After harassing me for 2 years without proving their legal

Resolved Question:

After harassing me for 2 years without proving their legal standing to bring a credit card collection lawsuit against me, the plaintiff withdrew their suite one day before the trial where they were surely going to lose.

What should/could I ask for damages, and how to ensure that they don't bring the same suite again thru different attorney?
Submitted: 3 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your question. Please permit me to assist you with you concerns.

If I may ask, where was this debt allegedly obtained, in what state? How long ago was this debt obtained? Are you wishing to counter-sue?
Customer: replied 3 years ago.

Connecticut. Alleged credit card debt.

I am wishing to not have to counter sue but to go to the scheduled trial tomorrow and and make motion to get paid for my trouble and to close this case with prejudice so that they cannot come back after me again ever fro this debt.

Expert:  Dimitry K., Esq. replied 3 years ago.

Thank you for your follow-up.

Making a motion to dismiss with prejudice is a given here. By seeking to dismiss with prejudice, it would forever close this party from ever bringing this type of suit against you, either with a different attorney or in a different court. As for making a motion to be paid, that is not really a motion you can file separately, you would instead need to pursue a suit for 'wrongful institution of legal proceedings' and through that suit demand compensation based on their frivolous claims against you. But that would be a separate suit.

Good luck.

Customer: replied 3 years ago.
What about making motion to discipline the plaintiff's attorney for committing fraud on the court? Would that be part of the separate suit?
Customer: replied 3 years ago.
Also, can I counter sue in the same docket or would I have to open a brand new case?
Expert:  Dimitry K., Esq. replied 3 years ago.

Thank you for your follow-up.

To make sure I do not miss anything, I will go line by line with my response.

What about making motion to discipline the plaintiff's attorney for committing fraud on the court?
You can ask the judge to admonish them but I doubt he will do so, as they are typically simply following their client's instructions. You would need to instead contact the bar association and with them file a grievance if you believe they acted unethically.

Would that be part of the separate suit?
Yes, it would be.

 

Also, can I counter sue in the same docket or would I have to open a brand new case?
You would need to open a brand new case because one this case is formally dismissed, it is off the docket. You would need to create a new cause of action that would stem from this case but not be related to it.

Good luck.
Dimitry K., Esq. and 5 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

Since the plaintiff has filed for voluntary dismissal the civil case flow at the court

told me that there is no more trial today and there is no more case agter me to make motion against. Do I just fax them the motion for dismissal with prejudice like I usually do, or do I need to do something different?

 

 

 

 

Expert:  Dimitry K., Esq. replied 3 years ago.

Thank you for your follow-up. My apologies on the delay, I was offline in the morning.

You asked:

Since the plaintiff has filed for voluntary dismissal the civil case flow at the court

told me that there is no more trial today and there is no more case agter me to make motion against. Do I just fax them the motion for dismissal with prejudice like I usually do, or do I need to do something different?

That is all you need to do, you need to request in your motion that it be granted with prejudice based on their own choice to withdraw.

 

Good luck.

 

 

 

Customer: replied 3 years ago.
If I sell the contents of the case for a fee would that be considered "practicing law without license"?
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your follow-up.

I am sorry but I am a bit unclear. Sell the contents of the case to whom?
Customer: replied 3 years ago.
I want to package my motions in this case to show others how to fight off fraudulant credit card collectors.
Expert:  Dimitry K., Esq. replied 3 years ago.

Thank you for your follow-up.

Simply showing the facts and showing how you approached your own case is fine. But if you charge for how you beat the collectors and attempt to receive compensation from it would be potentially considered 'unauthorized practice of law' since you are now advising third parties and are potentially providing legal advice. Making that information free is not a violating, but charging for it could be.

Good luck.