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Dimitry K., Esq.
Dimitry K., Esq., Attorney
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some company purchased my credit card debt from original card

Resolved Question:

some company purchased my credit card debt from original card issuer and sued me.. but they could not provide required documentation and I received motion to dismiss the case from them. I'm going to scheduled court and my question: if the case is dismissed, what do I need to do to prevent them selling my account to other company and avoid going in circles to defend my case again and again? Thank you
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

 

To answer your question directly, you can request that the courts dismiss your case 'with prejudice'--that means that the lender would be unable to refile later and pursue you under the same cause of action. Such limitation would likewise attach to the debt itself, and then if the debt is sold, the other creditor would likewise be barred from filing suit against you for this obligation. There are typically two types of dismissals, 'with prejudice' and 'without prejudice'. The latter permits the parties to refile and the former does not. Hence, requesting such a dismissal would keep this from being filed again against you.

 

Good luck.

Customer: replied 1 year ago.


Thanks. current motion is "without prejudice".. to make it "with prejudice" do I have to file any document prior or right after the court, or I can just request it in front of the judge? and how difficult to get "with prejudice" in such case.

Expert:  Dimitry K., Esq. replied 1 year ago.

Oleg,

 

Thank you for your follow-up. You can simply request it in front of the judge. Judges do not tend to grant this option unless they see the same company filing multiple times and being unable to prove the debt. In essence the courts have to see that the other party is being irresponsible or frivolous--otherwise they tend to allow them to potentially review their own documentation and refile again if they are able to find this proof of debt.

 

Hope that clarifies.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38768
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
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Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.