Mesa, AZ Small Claims Court - Dismissed with Prejudice. I was sued 2 years ago for a disputed amount owed. The plaintiff did not appear on the court date as he had requested a continuance which was subsequently denied. The case was dismissed with prejudice against the plaintiff. He has since turned it over to a collection agency who continues to call and harrass me for payment. The collection company is now threatening legal action against me. Can they do this? What can I do to get them to leave me alone?
2007-11-07 08:46:36 · 4 answers · asked by starpass 1 in Politics & Government ➔ Law & Ethics
A dismisal with prejudice means that they cannot relitigate the issue. Legally, you won. They cannot file a new suit, and if they do, you file a copy of the Dismissal, along with a request for sanctions and fees.
Send them a copy of the Dismissal. And keep a record.
2007-11-07 09:00:02 · answer #1 · answered by Frst Grade Rocks! Ω 7 · 0⤊ 0⤋
If the suit was dismissed against you, you do not owe the money. If it was dismissed with prejudice, then you cannot be filed against for the amount again. So if you are still being contacted to pay the debt, the agency is unaware of or is flouting the decision in the case. Write a short, tersely-worded letter to them saying that they are attempting to collect on a debt in contradiction of a valid judgment and any further attempts to collect will be considered harrassment. Attach any documents you have relative to the court's order. A lawyer could help you draft it but plain language works better, you're best off doing it yourself for free.
2007-11-07 08:52:34 · answer #2 · answered by fredo 4 · 2⤊ 0⤋
Yes, they can sue you. The old plaintiff can't sue, but the new collector can. Tell them to go ahead if they have a poor case. Just make sure to show up and defend yourself.
Under the Fair Debt Collection Practices Act, you can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action. Please note, however, that sending such a letter to a collector does not make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor.
I'd send the letter Certified Mail - Return Receipt. If they continue to call you after receiving the letter, tell them you have informed them they are not to contact you again under that act, and if they do so again, you will sue them in Small Claims Court.
2007-11-07 08:53:58 · answer #3 · answered by Uncle Pennybags 7 · 0⤊ 0⤋
they would have to refile to collect.
2007-11-07 08:50:02 · answer #4 · answered by wizjp 7 · 0⤊ 1⤋