Legal Question in Credit and Debt Law in Florida
Attempt to collect on dismissed debt
I was previously sued for a debt and due to lack of prosecution the judge dismissed the case and said they could no longer ask for payment. Now a year later the company is trying to collect again. Can they still attempt to collect the debt the judge order that they couldn't?
2 Answers from Attorneys
Re: Attempt to collect on dismissed debt
We don't have the Judge's Order. What does it say, specifically? There is a difference between dismissing a lawsuit, and barring non-judicial future collection efforts. One way to stop collection efforts is to honor any agreements you made when you incurred the debt, and make a deal to pay back any debts you owe. Perhaps they will report it positively on your credit report in return for payment.
Re: Attempt to collect on dismissed debt
It all depends as to whether the case was dismissed with or without prejudice. If it was dismissed without prejudice they can file again. If it was dismissed with prejudice they can't. You really should contact a lawyer. My firm who deals with small claims suits on a regular basis because you might have a statute of limitatons argument.
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