Legal Question in Credit and Debt Law in Massachusetts
Dismissal Without Prejudice?
I have been paying a debt collector (Wolpoff and Abramson, now Mann Bracken) $164 per month for almost three years now for an MBNA credit card that I defaulted on when I lost my job for six months back in 2006. I have not received any correspondence with them, but continued to send in the payments every month. I just received a letter that the claimant, MBNA America, requested the matter to be dismissed. I called Mann Bracken/Wolpoff and Abramson, who said I didn't need to make payments any more. I am a bit unnerved by this, as these laywer/debt collector types have lied to me before. I know that ''Dismiss without prejudice'' means they can reopen the case. Are they baiting me to stop paying so that they can make MORE money off of me?
2 Answers from Attorneys
Re: Dismissal Without Prejudice?
There is a way to protect your rights under the circumstances. Please feel free to contact my office direct for a free initial consult based upon the facts of your specific situation;))
Re: Dismissal Without Prejudice?
I'm a little confused.
Are they dismissing their collection efforts, or dismissing a lawsuit against you? Have you been sued yet? If they are dismissing a lawsuit, is it being dismissed with or without prejudice?
You should probably have your case reviewed by an attorney before taking any further action and before you send another payment.