Legal Question in Civil Rights Law in California

request for dismissal infomation

I was being sued by a junk debt buyer, after i filed discovery papers they requested a dismissal without prejudice. I would like to know if there are any motions or requests i can file to have dismissed with prejudice and have removed from my credit report since they have reaged this on my credit report and I had no chance to show i did not owe this bill in court. My hearing was set for april 7 and plan on attending if the judge will see me on this matter . Can i request anything that will help me get this removed from my reports and end this case from further action?


Asked on 4/03/09, 12:52 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: request for dismissal infomation

Congratulations on fighting back against junk debt buyers. Unfortunately you can't have them dismissed with prejudice. Also, the case is over and you won; there won't be any more hearings in your case. Make sure you file a Memorandum of Costs within 15 days of the order of dismissal so that you will have a judgment in your favor for the amount of the filing fee you paid. Then, file a Fair Debt Collection Practices Act case against them. Whether suing on a stale debt is itself an FDCPA violation is an open question, but you have other violations.

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Answered on 4/03/09, 1:04 pm


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