was being sued by asset but dismissed in Court.

[tococattle2]

Well I was being sued by asset acceptance last year until this June of this year.   I had sent all the papers in that I was supposed to.  The court case was June 4 2013, so I was waiting for the date and then I check the court case. And the case was dismissed.

I had this happen before and it went away.  I even ask the clerk at the court for the previous court case .and she said it was done and over. 

OK so here is the dilemma.

We just got in the mail from asset acceptance a paper a with a settlement offer for the same account for the one that was dismissed in June.  I told my husband it probably is a way of trying to pull the wool over our eye so we will fall for it.

What do you think? 

Can they sue again for the same account?

Thanks

Tococattle2 for the advice in advance

 

 

[KentWA]

I think you are saying they dismissed, or did the court dismiss the case? If they dismissed, is it the second time they dismissed this same case? What is the SOL on this alleged account? Have you started a new DV on this letter?

[tococattle2]

Event Date Event Type Event   2014-05-30 Status PURGE FILE   2013-05-30 Report CASE DISPOSED   2013-05-30 Status CASE CLOSED   2013-05-30 Report CASE DISMISSED   2013-04-03 Hearing LAW AND MOTION - DEPT22 04/03/2013 08:30 AM   2013-01-17 Report LAW AND MOTION FILED   2012-08-08 Report FEES MEDIATION/SANCTIONS   2012-07-12 Report ANSWER   2012-07-12 Report FEE WAIVER   2012-07-12 Report ORDER PROCESSING   2012-06-06 Status CASE INTAKE   2012-06-04 Report ASSIGNED JUDGE   2012-06-04 Status COMPLAINT FILED   2012-06-04 Report SUMMONS

here is the transactions of the case.

I don't know what a sol is .

[tococattle2]

the paper they sent was an informal settlement offer, not a summons for court. like the junk mail offers. . the first statement isays  we would like to help eliminate your debt with us. your current bal is XXXXX the amount  but you can pay 80% discount if you pay by 8/31/13

[tococattle2]

i don't know what the satute of limitation is in Ca.

[Seadragon]

4 years but I believe if they dismiss twice then they cannot sue again.

[tococattle2]

the other case was a completely different account  but still from asset acceptance

[racecar]

Then they could sue you again.

[tococattle2]

so  should we take the offer and pay it it went from 12895.58 to only paying 2579.14

[racecar]

Beware of Debt Settlement with Junk Debt Buyers

http://www.creditinfocenter.com/wordpress/2011/11/17/beware-of-debt-settlement-with-junk-debt-buyers/

[tococattle2]

so the statue of linitations is 4years is that correct. , i'm pretty sure it has been aleast 6 years that we have paid on this account.

[HotWheels96]

It's definitely 4 years barring any applicable governing law/borrowing statutes like in chase accounts.

You can verify these important dates by checking your credit reports. In our state, we get one from each company once a year. You would look at the original creditor' date of last payment to be sure, because many low down companies, asset included, have changed that date to allow them to sue you longer and give them the edge.

I know it's scary, but checking our reports is a very important first step.

If what you said is true, and you last paid four years before they sued you, they have violated the law. While we have the discoverable case cite here in our district (the SOL for the violations begins to run from the date you learn of them), I suspect rather highly that you don't want to drag them into court for a battle. I have a sneaking suspicion that you are happy they went away.

Now, check you reports for that account. When you determine it's out of SOL, you can send them a letter telling them that your alleged debt isn't the only thing SOL around here, stop contacting me. Send CMRRR. Watch them fade into the night.