InDebtCA

Did I Get Lucky?? - Case Dismissed...I think

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Hey All,

 

Did I get lucky or is there something I am missing? I don't want to celebrate too soon if that's the case.

 

Backstory (Reader's Digest Version):

 

Midland Funding sues me in 2011 for an account that closed in 2009.

Court date arrives and they Dismiss Without Prejudice.

Midland Funding sues me (again) in 2013 for the same account that closed in 2009.

Court date is set for October 2014 (tell me about it)

I get a notice of Substitution of Attorney.

Next week, I get a letter saying the Midland Credit Management now "owns" my "account" and to contact them to set up payment options (cue: laughter)

Hmm...I think. Why are they trying to collect on an account that they are suing me for?

I go to my Civil Case Access online and see the following:

 

REQUEST FOR DISMISSAL WITHOUT PREJUDICE - ENTIRE ACTION FILED BY MIDLAND FUNDING LLC

 

I'm sorry, what?! HOORA-wait...there's more....

 

CASE DISMISSED WITH DISPOSITION OF REQUEST FOR DISMISSAL

 

SUBSTITUTION OF ATTORNEY FILED BY MIDLAND FUNDING LLC

 

Now, I am not an attorney (obviously), but since this case is dismissed without prejudice, the account was closed in 2009, and the statute of limitations in the great state of California is 4 years (2009-2013), does this mean that if they try to sue again, it's outside the statute of limitations and I can counter-sue/get the case dismissed automatically?

 

Thank you in advance!

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When did they file suit in 2013. When was the last payment? (Not when it was closed, but the last time you paid your monthly statement) if it has been more than 4 years I would sue them for suing on a time barred debt, and they could pay me for the hassle they caused;). A consumer attorney may do it for you at no cost

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When did they file suit in 2013. When was the last payment? (Not when it was closed, but the last time you paid your monthly statement) if it has been more than 4 years I would sue them for suing on a time barred debt, and they could pay me for the hassle they caused;). A consumer attorney may do it for you at no cost

 

The last payment shown was on September of 2009. Woo!

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Ok they were within the sol, but they can't sue you again if you made no payments, 2 bites of the apple they are done. Send them a cease and desist letter telling them the sol has expired, if they try to collect again you have an fdcpa violation. ( they can contact you once more after that to say they will quit, or whatever)

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