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    LauraLee168's Avatar
    LauraLee168 Posts: 1, Reputation: 1
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    #1

    Nov 6, 2008, 09:47 PM
    Statute Of Limitation after Dismissal without Prejudice
    We were previously sued over a credit card debt obviously belonging to someone else with similar name. Case was dismissed without prejudice in Jan of 07, we live in Florida - due to the plaintiff not producing any documentation that the court ordered. Now, it seems that the debt was resold and the nightmare is starting over.

    Is there a statute of limitations? Can creditors keep selling this same debt and taking us back to court over and over? My husband is disabled and is undergoing cancer treatment and does not need to have this aggravation.

    Any answers appreciated!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Nov 14, 2008, 02:19 PM
    Quote Originally Posted by LauraLee168 View Post
    We were previously sued over a credit card debt obviously belonging to someone else with similar name. Case was dismissed without prejudice in Jan of 07, we live in Florida - due to the plaintiff not producing any documentation that the court ordered. Now, it seems that the debt was resold and the nightmare is starting over.

    Is there a statute of limitations? Can creditors keep selling this same debt and taking us back to court over and over? My husband is disabled and is undergoing cancer treatment and does not need to have this aggravation.

    Any answers appreciated!


    The attempts to collect can pretty much go on forever - I don't understand why it was dismissed for failure to produce documentation instead of upon proof that it's not your debt.

    When the collector calls give him/her the info from the last round in Court and you can also write the original creditor (assuming you have the papers and know who that is) and tell them they have the wrong person.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #3

    Nov 17, 2008, 09:51 AM

    Yes, there is a SOL on the time in which a collector can legally collect the money. But as Judy pointed out(as she always wisely does :) ), collectors will continue to bother you even after the SOL has expired. They want to get paid and that's the bottom line.

    I would send a letter demanding that they provide you with documentation showing your signature, social security number, etc. to be 100% positive that this debt is, in fact, not yours. If they refuse to provide you with said documentation, file a dispute with the credit bureau to have it removed from your credit report. BUT - make sure that it's not your debt, otherwise you could be making more trouble for yourself.
    elvalyn's Avatar
    elvalyn Posts: 7, Reputation: 0
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    #4

    Sep 26, 2012, 04:20 AM
    I know this is an old question but it may help someone.
    Collections doesn't have to be a nightmare.Download a program called callcorder.When you have configured it and know its working tell the caller not to call anymore.Be sure it was recorded.After that if they call it cost $1000.00 per call even if you don't answer it.Callcorder records the number calling plus the conversation if any.You have to have caller ID enabled from your phone provider to record there number.It is a federal violation for them to call after you request them to stop.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Sep 26, 2012, 06:41 AM
    Quote Originally Posted by elvalyn View Post
    I know this is an old question but it may help someone.
    Collections doesn't have to be a nightmare.Download a program called callcorder.When you have configured it and know its working tell the caller not to call anymore.Be sure it was recorded.After that if they call it cost $1000.00 per call even if you don't answer it.Callcorder records the number calling plus the conversation if any.You have to have caller ID enabled from your phone provider to record there number.It is a federal violation for them to call after you request them to stop.

    It is a FELONY in many States to record another party without his/her knowledge.

    This is very bad "legal" advice.
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