topic Credit card case in Rebuilding Your Credit

Credit card case

Anonymous — Sat, 08 Mar 2014 14:44:37 GMT

Portfolio Recovery was suing me but they never showed up to court and the judge dismissed the case.

Can they start a new case trying to get money for the same debt?

Can another debt collector buy the debt and sue me?

Being that it is dismissed can it be erase from my credit report?

Thanks in advance!

Re: Credit card case

Anonymous — Sat, 08 Mar 2014 15:19:09 GMT

Depends on if he dismissed it with or without prejudice. Do you remember? Did the judge mention this at all?

Re: Credit card case

Anonymous — Sat, 08 Mar 2014 15:37:11 GMT

Didn't even speak to the judge.

On the second call the court clerk just told me it was dismissed and gave me paper of the dismissal.

Re: Credit card case

RobertEG — Sat, 08 Mar 2014 15:37:29 GMT

+1 as to retrial

As for credit scoring, dismissed means it did not proceed to trial.

No decision on the merits, which is eqiv for purposes of showing that the debt is not legit as having had no legal action.

Re: Credit card case

Anonymous — Sat, 08 Mar 2014 15:55:03 GMT

Yes... they can refile the case. Whether they do or not is impossible to predict. They could've seen something in the file that made them not wanna try the case for fear of violations they may have committed in trying to collect the debt. These are just hypotheticals of coarse. But unless the judge expressly forbid them from refiling...I.e. with a dismissal with prejudice they can refile.

Re: Credit card case

Anonymous — Sat, 08 Mar 2014 16:59:19 GMT

Thanks!