If a debt collection case is dismissed, can a different company/law office attempt to collect that same debt?
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If a debt collection case is dismissed, can a different company/law office attempt to collect that same debt?
Credit card was turned over to outside collection company and they sued for debt. The case was dismissed for lack of proof of debt. It has been roughly 6-8 months since it was dismissed and I just received a letter in the mail from a different law office requesting a lesser amount and stating if I do not respond within 30 days the debt will be considered valid. Is this possible since the debt was dismissed?
Asked on January 23, 2012 under Bankruptcy Law, Tennessee
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the dismissal was without prejudice, that means the case can be reinstated. If the dismissal was with prejudice, that means the case cannot be reinstated. The type of dismissal will determine whether or not the case can be reinstated. If you don't have a copy of the dismissal, you can go to the court and look in the court's computer for the case. To find it, look in the plaintiff/defendant index. Enter your name under defendants and the case should appear and will give you the case number. Once you have the case number, give it to the court clerk and ask to see the file. You can't remove the file from the court, but can ask the court clerk to photocopy the file or those sections of the case file you want.
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