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Dismissed with prejudice in January, received dunning letter today


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Short story. Sued by Equable Ascent. Took them all the way to court day and they dismissed WITH prejudice and didn't show up.

I got a dunning letter a few months ago from a collection agency and then a phone call. I informed them of the dismissal with prejudice and sent a letter denying owing the debt along with a copy of the dismissal.

Today, I get a dunning letter from a different collection agency.

This has to be a FDCPA violation, right? I'll respond with debt validation, but who and how do I sue? Equable Ascent or the new collection agency?

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Short story. Sued by Equable Ascent. Took them all the way to court day and they dismissed WITH prejudice and didn't show up.

I got a dunning letter a few months ago from a collection agency and then a phone call. I informed them of the dismissal with prejudice and sent a letter denying owing the debt along with a copy of the dismissal.

Today, I get a dunning letter from a different collection agency.

This has to be a FDCPA violation, right? I'll respond with debt validation, but who and how do I sue? Equable Ascent or the new collection agency?

If the CAs are working for Equable, then Equable may have committed a violation. However, they may not be working for Equable. They could be JDBs who have purchased the debt. The dismissal was not against a future JDB.

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If the CAs are working for Equable, then Equable may have committed a violation. However, they may not be working for Equable. They could be JDBs who have purchased the debt. The dismissal was not against a future JDB.

They are working for Equable. I mean, for God's sakes. They hired an attorney, sued me and then had the case dismissed with prejudice and they are still trying to collect? I'd love to punish the MF'ers.

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The problem is, they can keep calling you or sending letters asking you to pay the debt. They simply cannot threaten to sue you anymore. If you want these people to quit, simply send a C&D letter. That will stop them since their only option then is to sell the debt down the line.

If you do get another JDB, try to get some violations out of them before court. That will give you more leverage to stop the debt from being sold down the line. Also realize that the clock is still ticking on the SOL, even if the debt is sold.

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Guest usctrojanalum

not a violation to send you a dunning letter so long as they did not threaten to sue you. however, if you send a C&D stating do not contact me I am not paying this debt any communication after that is a slam dunk violation.

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Also you should check all your credit reports from all three major CRAs to see if the debt is listed and if the new debt collector made an inquiry or reported it as the new owner or something to that effect if they did that can be a FCRA violation but you must first dispute it with the CRA and if its verified you can start a legal paper trail of your efforts and use it as leverage to back off or fill suit in small claims. Be Blessed! S.A.

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