kepok Posted November 6, 2002 Report Share Posted November 6, 2002 My husbad was served with a summons lawsuit in July. We sent a validation letter to the credit collectors/lawyers. They sent back a letter titled "Affidavit of Indebtedness".. which was not fromt he original creditor, but from credit trust. They failed to provide the name and address of the original creditor as well as proof that the debt did indeed belong to my husband. We felt a little overwhelmed so we got a lawyer and they filed a request for the production of documents. The Lawyers for credit trust didn't do a thing, at one point they sent a letter to our lawyer asking for an additional 30 days to prepare. Eventually our lawyer filed a motion to dismiss. We just found out the case was dismissed without prejudice. Even know the SOL has clearly passed in our state for both open-ended accounts as well as written contracts, can they still sue my husband again in the future since the dismissal was without prejudice??Sorry if this is so confusing.. any help would be appreciated!!Thanks!!Kim Link to comment Share on other sites More sharing options...
admin Posted November 6, 2002 Report Share Posted November 6, 2002 The dismissed without prejudice probably closes the door on any appeals, but I'm not exactly sure with the terminology means - calawyer?The most important thing, though is that the SOL has passed. They can take you to court again, but if you show up and prove the last payment date, they won't win. Link to comment Share on other sites More sharing options...
kepok Posted November 7, 2002 Author Report Share Posted November 7, 2002 Thank you for your reply. I looked up the term 'Dismissal without prejudice' and it states "When a case is dismissed but the plaintiff is allowed to bring a new suit on the same claim. " I'm just not sure what this would mean in a lawsuit. It gets a little complicated because everywhere I can find, it states that open-ended accounts in oklahoma have a SOL of 3 years, but the actual statue is really fuzzy on the issue and our lawyer said that depending on the judge some rule credit cards as written contracts, which would leave the SOL at 5 years. The 3 year SOL was up a long time ago, but the lawsuit was filed just before the 5 year SOL was up. However, the SOL of 5 years should have been up last month(while the lawsuit was still going on.) So I'm just wondering what will happen if they try to sue again. We never got to the point where we proved SOL was up because they never validated the debt. Thanks for all your help. Link to comment Share on other sites More sharing options...
admin Posted November 7, 2002 Report Share Posted November 7, 2002 Well, if the SOL is up, they won't be able to win. Link to comment Share on other sites More sharing options...
calawyer Posted November 8, 2002 Report Share Posted November 8, 2002 You are right about the meaning of dismissal without prejudice. The same lawsuit could be brought again despite the dismissal. But you must ask yourself, after hiring a lawyer and achieving such a horrible result, will the creditor wish to file again, especially if the statute has run? Link to comment Share on other sites More sharing options...
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