Corp & I Being Sued, 1st try Dismissed, Now theyre suing in a Different Venue

[Andyw911]

Hello to All.   I have an interesting Debt Collection case/ Lawsuit and I'm looking for Insight/Feedback/Strategy/Defense.   My FL based Corp and I are being sued in NY.   First I was served papers and the suit was in my county where I live, I filed a motion to dismiss for lack of  personal jurisdiction and failure to state a claim and the case was dismissed with Prejudice.   Now the same company is trying to suit again in a neighboring county.  The cause of action has changed a little bit.  Question 1- would that be a violation of FCPA for them to try again, and how many times can they keep suing?  Question 2- should my motion to dismiss/defense be centered on the 1st dismissal since they failed to meet the required Burden?  I'm likely going to file a countersuit as well for a number of reasons, however I have a special needs child and can't afford to continue fighting.  The debt was a corp debt and not personally guaranteed. The company appears to be an aggressive 3rd party that takes risks on bad debt.  So, I'd like this to go away forever.

[Clydesmom]

14 minutes ago, Andyw911 said:

Question 1- would that be a violation of FCPA for them to try again, and how many times can they keep suing?

The FCPA mirrors the FDCPA and that does not cover business debt only consumer debt regardless if you are sued personally.  The law does not limit how many times they can actually file but if it did become excessive (and twice is not) then the court could be asked to sanction the petitioner and enter a vexatious litigant order.

16 minutes ago, Andyw911 said:

Question 2- should my motion to dismiss/defense be centered on the 1st dismissal since they failed to meet the required Burden?

NO, it should be based on this case first and foremost.  Failing to meet the burden the first time does not mean they cannot go back and fix the errors and re-file if the dismissal was without prejudice/  Without prejudice specifically exists so that a party can correct errors and return to court to have the case heard.

18 minutes ago, Andyw911 said:

I'm likely going to file a countersuit as well for a number of reasons, however I have a special needs child and can't afford to continue fighting.  The debt was a corp debt and not personally guaranteed.

You may need to hire a lawyer to handle this.  Business debt cases can get very complicated very quickly.

[Andyw911]

Thank you.  Can't say thanks enough.  Per Question 2- it was dismissed with prejudice. I think.  The Motion for dismissal asked for it and the order did not specify, just that it was granted.  Not sure if that makes a difference.  God Bless you.

[Clydesmom]

17 minutes ago, Andyw911 said:

Thank you.  Can't say thanks enough.  Per Question 2- it was dismissed with prejudice. I think.  The Motion for dismissal asked for it and the order did not specify, just that it was granted.  Not sure if that makes a difference.  God Bless you.

If it was dismissed with prejudice then your defense would be res judicata which is the Latin/Legal term for the court already decided the matter.