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i just a letter from the OC demanding full payment, even though the account was sold to collections, went to court and was ruled in my favor.
is this normal, does the OC have the ability to keep pursuing me if they sold the debt as a charged off account?
@Anonymous wrote:i just a letter from the OC demanding full payment, even though the account was sold to collections, went to court and was ruled in my favor.
is this normal, does the OC have the ability to keep pursuing me if they sold the debt as a charged off account?
Only if they have purchased it back from the collector - which is quite rare. Who is the OC and who exactly did they supposedly sell it to?
Please look VERY carefully at your copy of the plaintiff's complaint - how is the OC mentioned on it?
lawuit reads:
collection agency as assignee
on behalf of
original creditor
vs.
myself.
states Law Firm representing both OC and Colletion agency.
this was all dismissed with prejudice in my favor, is what they are trying to do now legal, can i get the OC accounts off my credit?
@Anonymous wrote:lawuit reads:
collection agency as assignee
on behalf of
original creditor
vs.
myself.
states Law Firm representing both OC and Colletion agency.
this was all dismissed with prejudice in my favor, is what they are trying to do now legal, can i get the OC accounts off my credit?
OK, that clears it up. The OC is (and always was) the owner of the debt. Yes, they can still try to collect. A dismissal with prejudice does not discharge the debt (unless the judge specifically orders it), it merely means they can no longer use the court system to try to collect. All they can do is send letters. Send them a cease communications letter.
Usually a dismissal with prejudice means the judge thinks they behaved badly in some way. You should have asked for it to be discharged and removed from your reports as well.
thank you!!!
so they can not actually do anything to me with suing me again or anything?
i just pulled my 3b reports and the collections are gone, the oc now still appears but there is no negative marker - is that a good thing?
The civil complaint defines what they are now barred from seeking based on a dismissal with prejudice of their complaint.
I would consult an attormey before assuming there is a bar on any subsequent legal action.