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How to stop creditor from harrassment after SOL


dtronx
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Hello all,

Just a quick question here. I have a creditor who tried to sue me and lost since the debt was out of SOL. Now after they lost the case they keep sending me statement stating my previous balance outstanding and showing interest on judgement award which is physically impossible since it was (1) Out of SOL, and (2) dismissed by their appointed law firm.

If their any this I can do to stop them from harrassing me by sending junk mail to me. Or show I send them something stating that it seems like their using intimidation by trying to say that I am accurring interest of a judgement award which I know if physically impossible.

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You should get a copy of the judgment showing that it was dismissed and write up a Cease and Desist letter. Also mention in the letter that their are using unlawful collecting tactics and if they continue to try intimidating you with fraudulent court information that you will be forces to respond with legal remedies.

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You can send them a C&D, but, realize that just because its SOL it doesn't mean they can't continue to try to collect. They can even charge interest. If the SOL is shorter than the 7-1/2 year reporting limit for your CRAs, they can even report.

Except in WI and one of the M-states, SOL doesn't make the debt go away.

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Now after they lost the case they keep sending me statement stating my previous balance outstanding and showing interest on judgement award which is physically impossible since it was (1) Out of SOL, and (2) dismissed by their appointed law firm.

If, as you indicate, there is no judgment against you and you are receiving something in writing claiming otherwise, I would file a lawsuit before sunset tomorrow. And you guys know I don't advocate filing lawsuits very often, but this is a slam-dunk.

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...they keep sending me statement stating my previous balance outstanding and showing interest on judgement award
Does the statement they're sending you specifically say "interest on judgement award"? If so, then you do have a case against them. If, on the other hand, it simply says balance owed and they add interest every month, then its what I said...even though the judgement was denied because of the SOL, you still owe it, they can still add interest, and they can still "politely" try to collect. The debt doesn't go away just because they can't sue and win.
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Does the statement they're sending you specifically say "interest on judgement award"? If so, then you do have a case against them. If, on the other hand, it simply says balance owed and they add interest every month, then its what I said...even though the judgement was denied because of the SOL, you still owe it, they can still add interest, and they can still "politely" try to collect. The debt doesn't go away just because they can't sue and win.
Even if was dismissed can't they try to sue again inless it was dismissed with prejudice in another court,or adifferent judge
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Willingtocope the latest statement that I received that says it was printed on 09/29/2008 states specifically "Interest on Judgement Award" and shows an interest amount. While looking over the statements that I received from them here is a list of what they say:

12/25/2004 - Suit Prep. Fee - $300.00

08/25/2005 - Judgement awarded by court - $4,580.23

08/25/2005 thru 10/25/2008 - Interest on judgement award - $45.80

08/25/2005 - Credit report charge $6.00.

It's physically impossible for a judgement awarded by the court in 08/2005 since the date on my Summons states that I was served on 11/08/2007.

On 02/11/2008 I received a letter from their attorney's and the court stating asking to withdraw the Motion for Summary Judgement and a letter stating to dismiss the above-captioned matter against the defendant (being me) but it states WITHOUT PREJUDICE without costs or fees to any party.

What would be my best course of action? File law suit? And what would be nature of the suit?

I appreciate all the help being given.

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Sometimes creditors (either through negligence or recklessness or even intentional misconduct) will sue again when they already have a judgment. Perhaps the first judgment got misfiled in their own internal paperwork, perhaps they realized that service of process was somehow defective and decided just to take another whack at it. Who knows?

But if I had statements like that coming to me, I would worry that the one that I had just fought off wasn't necessarily the one they were operating from, and I would take a few actions to find out what's what--without necessarily asking them directly.

Check your local court clerk's records and the records of your recorder of deeds.

If you don't find anything, also pull your own Lexis/Nexis and/or Choicepoint reports to see whether any judgments are listed.

If you do find something, get the court file and analyze it to make sure service of process, etc. was proper.

If you find nothing, you can go at 'em with guns blazing.

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