Went To Court Recently
Posted on October 24, 2009 at 9:01 am
Hi, everyone, I went to court recently, when they called the debt collection agency vs myself, I answered here. The plantiff did not show up. Anyway, the case & any law counterclaims were discontinued without prejudice & without costs to either side. Can anyone tell me what does this mean, I know it means the case was suspended. What I want to know if the debt collection agency can sue me again & if it is on my credit report, do they have to delete it.
Posted on October 25, 2009 at 10:00 pm
The plantiff did not show up. Anyway, the case & any law counterclaims were discontinued without prejudice & without costs to either side. Can anyone tell me what does this mean, I know it means the case was suspended.
I wonder what sort of paper you received after it was "discontinued." A paper of some sort in my understanding is always generated on a court proceeding. I could be wrong. Are you sure though that it was not dismissed?
Somebody please verify if a no show in a court proceeding will result in an automatic dismissal...and what a dismissal means.
I think the question here is, if it can be revived
.
Posted on October 25, 2009 at 10:04 pm
Anyway, the case & any law counterclaims were discontinued without prejudice & without costs to either side.
As per FCPA...
The judge can require the debt collector to pay you up to $1,000, even if you can’t prove that you suffered actual damages. You also can be reimbursed for your attorney’s fees and court costs..
But since you said that both sides did not suffer any losses...the next question is, was your debt verified? Do you really owe what they said you owe?
Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.
Posted on October 25, 2009 at 11:06 pm
What I want to know if the debt collection agency can sue me again & if it is on my credit report, do they have to delete it.It would depend on if you owe what they claim you owe them. I think the answer is yes they can sue you again and I think the next question that you might want to ask is...how can I get rid of that debt?
Posted on October 26, 2009 at 12:20 am
Speaking of eliminating debt,
If your unsecured debt amounts to $10,000 in total (past due accounts) you can try settling your debt. You can do it yourself or enroll in a debt settlement program. If you enroll in debt settlement company, their negotiators would try to pull your balance down to more or less half, depending on the creditor. In means that you are going to have to pay the rest of the balance in full. The program involves saving.
If you want to know more about it, feel free to fill out a form here, and get matched up to the right company.
Posted on October 26, 2009 at 3:54 am
Thanks for your reply, the paper was a court paper that said Filed and had the date and had the Civil Court stamp and the county on it. It was a CIV-GP-32 Paper. The paper had Stipulation Of Settlement on it, Settlement was crossed off and replaced with Discontinuance. I looked up my case online and the status said : Disposed. If they verified this alledged debt, why didn't they show up. They are misrepresenting this alledged debt as aLoan Factoring Company account. This is wrong, were also trying to bribe me with a free gift voucher for a product or service in my area. Remember, they are the plantiff, it is up to them to prove that I owe this alleged debt. This is on my credit report. This alledged debt was written off over 2 years ago. It is in default. This is a bottom feeder Collection Agency, I answered their summons and showed up for the bench trial. They were hoping to get a default judgement and that I didn't show up. This is how they usually win their cases.
Posted on October 26, 2009 at 3:59 am
Oh, I forgot to mention that the written off amount on this alleged debt was nowhere near 10,000.