There weren’t many people there at the courthouse when my hearing took place. I waited about 30 minutes before the bailiff called me in. As expected, LVNV Funding failed to show up. They didn’t even oppose the Motion to Reconsider. The judge told me I could plead my case. I just told him that I did not want to waste any more of the court’s time on this case and everything is in the Motion. It took a few minutes, and the judge said, that the Motion to Reconsider is turned into a Motion to Dismiss on grounds of failure to state a claim upon which relief can be granted. So the case was dismissed. I asked him if this could be with prejudice and he said he has to follow the law and give the plaintiff their time to amend. I thanked the judge and that was that.

Under a 12(B)(6) Ruling, the Plaintiff gets 10 days to amend their Complaint. In this case, they would have to amend plus attach a copy of the contract and assignment. Remember, the clock is ticking. If they don’t answer, the case stays dismissed!

Below is the judge’s order dismissing my case: