jliv29

Being Sued Again for Same Debt After Dismissal

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In Winter of 2016 I was sued by Midland for cc debt. Answered prose def using  help from this forum and case was dismissed IJ, when they asked for a motion for continuance and it was denied. Now I've been served for the same debt. Can they do this? I thought it was resolved when judge dismissed it before.

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It the case was dismissed without prejudice as I am guessing it was, they can refile although I am shocked that they did refile knowing that you are willing to fight. My guess is that they got the records they need to prove their case now.

We would need more details about the case because even if they have the records, there might still be ways to make them go away again.

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So just got off the phone with courts, it was dismissed w/o prejudice so they can file again. After carefully reading this new lawsuit it is exactly the same paperwork filed two years ago, just a different date file. Their 'evidence' is the same. Two acct. statements from the original cc dated 3-2014 and 9-2014. Looks like they have nothing new. Amount owed is same, $2800, although now they are asking me to pay interest on a judgment if they win (last lawsuit requested no interest). I will be filing my answer (I will also just repeat the same answer from 2 years ago). Unless there is something new I can hit them with-any suggestions? 

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23 minutes ago, jliv29 said:

Looks like they have nothing new.

Looks can be deceiving. Not all states require that they attach all their evidence to the complaint when filed. You would have to engage in discovery to know everything they plan to use in their case.

 

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