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I've tried searching this forum and online but have not found the answer. Can someone please point me in the right direction. Here is the issue:
Live: NYC
I was summoned to small claims court for an old Credit card debt. The lawyer or firm who bought the debt never showed to court. I asked the judge what happened and he didnt seem "in the mood" to help with info. He only said case dismissed. When I asked is that it, is it over. He replied that the firm has a few years to re-file again.
My question:
Can they really re-file and summon me back to court for same debt? Is there anything I can do, to stop this or anything I can submit? Was there something I could have said to judge, that would have made this case over and done with?
How do I get this debt off my credit report, being how I won the court case?
Thanks in advance for the time and effort to help me out. I truly do appreciate it.
Location: 23.7 million to 162 million miles North of Venus
22,856 posts, read 12,030,039 times
Reputation: 10158
It sounds like the judge dismissed it 'without' prejudice, which means that they can re-file it. If the judge had dismissed it 'with' prejudice then they cannot re-file another suit on the debt.
Just because the case was dismissed, with or without prejudice, does not mean that the bad debt must come off of your credit reports. It can stay on there for 7.6 years from the date of first delinquency. If they are reporting it with errors then you have the right to file disputes with the CRA's for the errors and the collector must either correct the errors or remove what they are reporting.
You said it was an "old" credit card debt. The statute of limitations (SOL) in NY is 6 years - you will have to look at when the dates and see if the debt is past the 6 year SOL - but do not count the time period from the date they filed the suit through the date the judge dismissed it, that time does not count in the running of the SOL.
If it is SOL then you might consider sending the collector, and their lawyer, a SOL letter. Then, if they file suit again include an affirmative defense of SOL in with your answer, and , file a counterclaim on them for filing suit on a debt that they know is SOL.
You didn't "win" anything, the case was dismissed without prejudice and the creditor can file a new case against you.
The easiest and quickest way to get the debt off of your credit report is to pay the original debt in full but ask if the company will "redate" the date to show it current and paid in full.
First of all, the date is from the last activity, not the original date of the debt. So the clock starts from the date of your last payment, or, in some cases, from the date you last told the creditor of your intent to pay.
Secondly, when the SOL runs out it only means that they can no longer collect via judgement. They can try to collect outside the courts until Kingdom Come in most cases.
Last edited by duster1979; 04-10-2014 at 10:25 AM..
Reason: typo
Location: 23.7 million to 162 million miles North of Venus
22,856 posts, read 12,030,039 times
Reputation: 10158
Quote:
Originally Posted by duster1979
First of all, the date is from the last activity, not the original date of the debt. So the clock starts from the date of your last payment, or, in some cases, from the date you last told the creditor of your intent to pay.
No it's not from the DOLA. NY is a cause of action state, which means that the SOL begins to run on the DOFD (date of first delinquency), the date the debtor first became delinquent and never brought the account current before the original creditor charged off the account ... as long as the debtor didn't re-set the SOL by making a signed written acknowledgement and/or agreement to pay.
Also, per the case law Portfolio Recovery Associates v. King, if the original creditor's home state has a shorter SOL, and many creditors are based in states with 3 year SOL's, then the debtor can claim that shorter SOL. Just like SOL, it's an affirmative defense and the debtor would have to claim it when answering a summons/complaint after being sued. (it's regarding the original creditor's home state, not the collectors)
As for the reporting period, for unpaid debts it's 7.6 years, but, if the debt is paid then the reporting period (in NY only) is 5 years from the DOFD.
I want to thank you for taking out the time and helping me out. I truly appreciate the info.
Max
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