Legal Question in Credit and Debt Law in California

After nearly a year and a half a trial date was set for a SOL collections case. I showed up at 8:30am and checked in with the clerk who said that there would not be a trial because the plaintiff had filed a "motion to dismiss" the previous day. I asked if there was some sort of paper I could get to prove that I showed up because I was afraid of getting a default judgement against me. The clerk said nothing would be available for a couple of days. When I got home I found a letter from the plaintiff's lawyer in my mailbox with a copy of the motion to dismiss but two things worry me.

First, the motion is marked "without prejudice" which seems to indicate that they can sue me again whenever they wish. Secondly, the online case summary doesn't indicate that I showed up for trial. Instead it says "CAUSE CALLED AT 08:30A M...FOR JURY TRIAL. NO APPEARANCE BY OR FOR EITHER PARTY. COURT ORDERS MATTER PLACED OFF CALENDAR." and on the same date the online case summary shows "DISMISSAL WITHOUT PREJUDICE FILED FOR THE ENTIRE ACTION AS TO ALL DEFENDANT(S) AND ALL CAUSES OF ACTION(S)." I did in fact appear. Do I need to correct the record and if so, how?

I am a pro per in forma pauperis defendant. Is there any way I can drive a stake through this lawsuit so it doesn't reappear? Also, for the last couple of years I have been getting daily calls and frequent dunning letters from a junk debt collector who also claims to be the assignee of the same debt claiming that they have a "judgement" against me and if I don't pay them that they will sue me. Is this "dismissed" case a defense against a lawsuit brought by a different plaintiff for the same debt?

Finally, next year is the seventh year from the date of "delinquency" and normally it would fall off of my credit report. Does the lawsuit "toll" either the statue of limitations for the debt or affect how long it can remain on my credit report?


Asked on 2/01/10, 3:24 am

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

The case is over, and you won! Congratulations! Remember to file and serve a memorandum of costs (for your filing fee) within 15 days. The account should not re-age on your credit report. Write the dunning debt collector certified mail RRR and attach a copy of the judgment in your favor, demand that they remove the item.

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Answered on 2/06/10, 3:35 am


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