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Order of Dismissal or Closing

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KateS
Member

Order of Dismissal or Closing

I have a judgment against me from 2006 from Unifund Partners. They have cleaned out my bank account once and have been garnishing wages. I have been working on my credit and have brought it up 100 points and now I want to get this taken care of once and for all. I was trying to gather information, as I was going to try to negotate a settlement or PIF if I needed to. However, when I looked at the court documents, it appears that in 2010 there was an Order of Dismal or Closing. Here's how the record looks

 

Judgement 12/2006

Default Final Judgement- 8/2007
Order of Dismissal or closing- 5/2010 -  “The action was heard on the court’s motion to dismiss for lack of prosecution. It is ordered that this action is dismissed or if if a judgement has been entered, closed, for lack of prosecution
Notice of Voluntary Dismissal of Garnishment without Prejudfice to employer- 9/2010
3/2011- "
4/2012- "
3/2014- Final Judgement of Continuting Writ of Garnishment $7,505.08 plus 9% interest
4/2014- Voluntary Dismissal of Garnishment without Prejudice to employer
 
Does this mean anything in particular? I know that a party can refile after dismissal but I don't see a new judgement until 2014? But maybe I'm misunderstaning the legal lingo and Google isn't helping me much. 
 
Thanks for any help

 

Message 1 of 7
6 REPLIES 6
RobertEG
Legendary Contributor

Re: Order of Dismissal or Closing

I would immediately consult an attorney for thorough review of the record, with particular review of the contents of whatever motion was considered by the court subsequent to the judgment and the writ of garnishment.

 

Why did the court not update the public record to reflect their dismissal of the judgment/garnishment?

Was it actually vacated, or was it held to no longer be enforceable?

Message 2 of 7
KateS
Member

Re: Order of Dismissal or Closing

The order says that nothing was filed within 10 months preceding service of the foregoing motion, that there was no recorded activity during the 30 days following service of the foregoing notice,  no stay has been issued or approved, no party has shown good cause why this action shoul remain pending and that it is ordered that this action is dismissed or if a judgment has been entered, closed, for lack of prosecution 

 

Assuming that doesn't mean it's vacated but not sure

Message 3 of 7
Anonymous
Not applicable

Re: Order of Dismissal or Closing

Every state court has their own set of rules that tend to vary. Like rRobert said, you might consult a lawywer to find out what it all means. Are they currently taking money from you?

Message 4 of 7
KateS
Member

Re: Order of Dismissal or Closing

They tried to garnish one of my employers (the recent order in 3/2014) but it's just a part time gig so it doesn't meet the requirement so they were released. They haven't found my primary employer.  So currently, no wages are being garnished.

Message 5 of 7
KateS
Member

Re: Order of Dismissal or Closing

This is in Florida, where we no longer reside. I have a few names of attorneys but it's hard to figure out who is reputable. 

Message 6 of 7
Anonymous
Not applicable

Re: Order of Dismissal or Closing

Go here

Spend a few days reading up on that site, lots of good legal info. 

At this point they may be getting desparate to collect and might be willing to deal.

Message 7 of 7
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