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Posts: 61
Registered: ‎03-15-2008
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Can I sue this CA

I was sued by Erin Capital Management for an alledged debt just over a years ago. I fought it and the case was dismissed without prejudice. Erin is now trying to collect the debt through an agency called Northland Group Inc. I received my first correspondance from Northland on July 16 (letter date July 10, envelop postmarked july 14). I sent a DV letter, which included they cease and dissist all communications with me. I received the CMRRR green card, dated received on August 8. Today (August 14) I received a letter form Northland requestion payment in installments, but with no validation of the debt. Can we sue for violations since they are attempting to collect without validating debt and because they are communicating with me despite me telling them not too?
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Posts: 320
Registered: ‎05-03-2009
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Re: Can I sue this CA


babalaco wrote:
I was sued by Erin Capital Management for an alledged debt just over a years ago. I fought it and the case was dismissed without prejudice. Erin is now trying to collect the debt through an agency called Northland Group Inc. I received my first correspondance from Northland on July 16 (letter date July 10, envelop postmarked july 14). I sent a DV letter, which included they cease and dissist all communications with me. I received the CMRRR green card, dated received on August 8. Today (August 14) I received a letter form Northland requestion payment in installments, but with no validation of the debt. Can we sue for violations since they are attempting to collect without validating debt and because they are communicating with me despite me telling them not too?

A case "dismissed without prejudice" is not a final judgment.  In general, it means that the creditor (plaintiff) can re-file within the statute of limitations period.  Without kinowing more information, I would assume they still have the legal right to pursue the debt.

I want PATIENCE...and I want it NOW
Established Member
Posts: 41
Registered: ‎07-26-2009
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Re: Can I sue this CA


illtakecreditforthat wrote:

babalaco wrote:
I was sued by Erin Capital Management for an alledged debt just over a years ago. I fought it and the case was dismissed without prejudice. Erin is now trying to collect the debt through an agency called Northland Group Inc. I received my first correspondance from Northland on July 16 (letter date July 10, envelop postmarked july 14). I sent a DV letter, which included they cease and dissist all communications with me. I received the CMRRR green card, dated received on August 8. Today (August 14) I received a letter form Northland requestion payment in installments, but with no validation of the debt. Can we sue for violations since they are attempting to collect without validating debt and because they are communicating with me despite me telling them not too?

A case "dismissed without prejudice" is not a final judgment.  In general, it means that the creditor (plaintiff) can re-file within the statute of limitations period.  Without kinowing more information, I would assume they still have the legal right to pursue the debt.


 

True.

 

When an action is dismissed without prejudice the plaintiff can refile suit at any time prior to the expiration of the SOL. 

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