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Dismiss withou Prejudice


piotrek04
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Its 3 years now since the case was dismissed without prejudice.  The plaintiff has failed to show up for the trial back in June 2011.

 

How or what it takes to dismiss with prejudice this complaint.  The complaint is about 8 years old now and the default judgment was vacated and dismissed without prejudice in June 2011.

 

thanks, p.

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Can plaintiff re-open the original complaint from 2005 since back in 2011 was dismissed without prejudice and use the same complaint for basis on collecting the debt?

 

No, they cannot re-open it now.  The time limit to file to do so has LONG passed.  This debt suit is dead in the water and not coming back.  Forget it and move on.  They are done.

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It’s been quite for the last 3years.  Now, I have started to receive collection letter from different agency than before.   The agency is located in the same state of NJ as I am.  Also, the collection letter demanding payment start coming in to my new home address, just bought house 5 months ago they probably run my credit report and saw mortgage and new address on the credit file.

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It’s been quite for the last 3years.  Now, I have started to receive collection letter from different agency than before.   The agency is located in the same state of NJ as I am.  Also, the collection letter demanding payment start coming in to my new home address, just bought house 5 months ago they probably run my credit report and saw mortgage and new address on the credit file.

 

NOTHING prevents them from sending a letter asking if you want to pay it.  They can keep reselling the debt or trying to collect on it by sending a simple letter even if they can't sue you or report the debt to the CRAs.  This is where you have the upper hand:  simply send them a FOAD letter stating you refuse to pay the debt and never contact you again.  If they continue:  you get to sue them for the FCDPA violation and they will be paying you.  If they sell the debt you would have to send a new letter to each JDB that tries to collect after that but eventually it does stop.  

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If you really want a lawsuit, call the CA and tell them (with tremors in your voice) that their letter has terrified you, and you don't want to be sued.  IIRC, New jersey is a 1 party state for call recording, so record this call.  Then ask them what will happen to you if you don't pay (sniffles and sobs will work well here).  You can ask multiple questions like "Will you garnish my wages?", "Will you take my house?", etc.  Considering the age of the debt, the CA is undoubtedly a bottom feeder, probably with little or no compliance concerns.  They are almost certain to violate.  Then you can send them an ITS letter, with a complaint attached.  It may get you a check.

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