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    What' s this mean?

    Today I checked the court website and they updated my case to

    Notice of Dismissal Pursuant to NRCP 41(a)(1)

    Whats that mean?
    Btw, heres the process

    3/24/11 complaint, open case
    4/29/11 affidavit of non-service
    5/11/11 affidavit of non-service
    6/1/11 Notice of Dismissal Pursuant to NRCP 41(a)(1)

    Nobody has signed for anything. Never received any letter in the mail about this case from either the plaintiff or the court.
    This case is for a credit card debt.
    Thanks

    #2
    An affadavit of non-service is a sworn statement filed by those involved in serving court papers in that they tried but were unable to serve them.

    And the notice of dismissal references the Nevada Rules of Civil Procedure - Rule 41:

    RULE 41. DISMISSAL OF ACTIONS

    (a) Voluntary Dismissal: Effect Thereof.

    (1) By Plaintiff; by Stipulation. Subject to the provisions of Rule 23(e), of Rule 66, and of any statute, an action may be dismissed by the plaintiff upon repayment of defendants’ filing fees, without order of court (i) by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs, or (ii) by filing a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in any court of the United States or of any state an action based on or including the same claim.
    So, to me, it looks like the creditor is dismissing the case since they couldn't find you to serve you.
    ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
    Not an attorney - just an opinionated woman.

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      #3
      Thanks for your respond. But I dont think they just quit that easy. Many cases here they tried to extend time with the court and public serve.

      Comment


        #4
        Nope, I don't think you are home-free but I didn't want to just blurt that out to you because it may have sounded "trollish".

        But you are safe from them for now - they filed for a dismissal without prejudice so I believe they can refile whenever they want to. As always, check with your attorney.
        ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
        Not an attorney - just an opinionated woman.

        Comment

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