NYSEG had me served with a lawsuit and I answered pro-se, requesting that the case be dismissed due to the courts lack of jurisdiction and NYSEG's misrepresentation of the facts. (Defense: C.P.L.R. 3211 which states that the court does not have jurisdiction of the person of the Defendant who resides in Chenango County. As well as the defamatory unsubstantiated misstatement of the facts, detrimental to the Defendant's reputation and occupation, I request that the case be dismissed.)
I received a letter in the mail today from NYSEG's attorney's. They wish to discontinue the action WITHOUT prejudice. It is still listed as an active case online. I'm assuming they want to drop the case in the original county in which it was filed and take it to the correct court with jurisdictional rights. There is no court date set, and I do not wish to sign this agreement.
How do I go about responding to the attorney's Stipulation Discontinuing Action without signing their agreement, and have it discontinued WITH prejudice? Should I respond with the same agreement, only substituting 'with prejudice' instead of 'without'?
Also, is there a way I can counter sue for the time and resources I spent defending myself, if it is not discontinued? It's not my fault NYSEG and their attorney's don't know which court has jurisdiction over the case when it is clear- I don't see why I should be required to pay their attorney's fees when I'm doing their attorney's work as well as my own.
Thank you for any answers you can provide for me.
I received a letter in the mail today from NYSEG's attorney's. They wish to discontinue the action WITHOUT prejudice. It is still listed as an active case online. I'm assuming they want to drop the case in the original county in which it was filed and take it to the correct court with jurisdictional rights. There is no court date set, and I do not wish to sign this agreement.
How do I go about responding to the attorney's Stipulation Discontinuing Action without signing their agreement, and have it discontinued WITH prejudice? Should I respond with the same agreement, only substituting 'with prejudice' instead of 'without'?
Also, is there a way I can counter sue for the time and resources I spent defending myself, if it is not discontinued? It's not my fault NYSEG and their attorney's don't know which court has jurisdiction over the case when it is clear- I don't see why I should be required to pay their attorney's fees when I'm doing their attorney's work as well as my own.
Thank you for any answers you can provide for me.