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?


Asked on 5/11/09, 8:00 pm

2 Answers from Attorneys
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

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;))

Read more
Answered on 5/22/09, 1:38 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

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.

Read more
Answered on 5/11/09, 9:14 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Massachusetts