Author Topic: I beat a lawsuit. Can it still come back?  (Read 951 times)

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1badgmc

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I beat a lawsuit. Can it still come back?
« on: December 05, 2010 02:04:00 AM »
I have an old debt that I stopped paying a couple years ago. Times are tough and it just boils down to keeping a roof over my family's heads and food on our table or paying a credit account.

Well, a couple of months the collection agency with the debt decided to sue me. I got a lawyer and the case was quickly dismissed. It's taken a load off, but my question is can it come back again? Can another collection agency buy it and try the same thing all over again?

CleaningUp

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Re: I beat a lawsuit. Can it still come back?
« Reply #1 on: December 05, 2010 02:12:06 AM »
Depends upon how it was dismissed.

If it was dismissed without prejudice, it can come back.  If it was dismissed with prejudice, it cannot.


If it is with prejudice, it is not unheard of for the CA to go and sell it on.  But if you have the with-prejudice dismissal in hand, the new CA and/or his attorney has nowhere profitable to go.


1badgmc

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Re: I beat a lawsuit. Can it still come back?
« Reply #2 on: December 05, 2010 02:20:04 AM »
It was dismissed without.

What exactly does with and without prejudice mean?

I guess I'll keep watching over my shoulder.

CleaningUp

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Re: I beat a lawsuit. Can it still come back?
« Reply #3 on: December 05, 2010 02:27:29 AM »
Dismissal with prejudice is a dismissal based on the merits of the case.  All rights to further litigatigation are waived.

Dismissal without prejudice is not a dismissal on the merits.  All right to further litigation remains intact.


1badgmc

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Re: I beat a lawsuit. Can it still come back?
« Reply #4 on: December 05, 2010 02:33:38 AM »
Gotcha.

What are the odds I'll have to play this game again?

flacorps

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Re: I beat a lawsuit. Can it still come back?
« Reply #5 on: December 06, 2010 07:24:28 PM »
Well, it depends on whether the other side took the dismissal because they did not yet have the supporting paperwork (which can take weeks and weeks to get), or because they knew they couldn't get it. In one case you won't be hearing from them again (although they may sell it down the line to someone else who might unknowingly think they could take a stab at it in court).
"History has taught us that weakness is provocative. To the extent that people see an area of weakness, they will take advantage of it..." - Donald Rumsfeld

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