Legal Question in Civil Litigation in Missouri
I recently got a letter saying that there is a lawsuit against me for AC Breach of Contract. It was filed on 5/3/2010. I tried to find any original statement from the company suing (Cavalry Investments), but can't find anything. I think this may be from an old credit card debt that originally had a balance of $2900 almost 10 years ago (it was the biggest amount on my credit report so I assume it's this account), but Cavalry is now demanding payment of $8900. I continued to search and found an old letter from a Missouri Mediation with the same Cavalry reference, but a different civil suit number. After searching on casenet, I found that the old suit was filed on 9/28/07 for an AC Suit of Account and "dismissed by the court without prejudice" on 3/31/08. Is this the same thing or is Cavalry suing under a different case type. Is it more serious now? I cannot afford to pay almost $9000. I'm not sure what to do. Is there someone I can call to settle this? The most I could afford is about $2500, but I would just like the entire thing to be considered settled. Thanks.
2 Answers from Attorneys
When a case is dismissed without prejudice, it can be refiled. This gave the Plaintiff a chance to add on more damages.
There is a statute of limitations on suing for damages. The statute can be tolled (suspended) depending on actions of the defendant. For example, if you have made any payments, that would extend the statute of limitations. Have you made any payments on this account in recent years? When was the last time you charged or paid on this account?
I handle many cases in consumer law. Sometimes cases are negotiated; but if a client has a solid defense, trial may be the best option. Feel free to contact me if you want to discuss this in more detail.
Sean Santoro/Licensed in KS and MO
You definitely need to have this matter reviewed by an attorney as quickly as possible. If the current lawsuit is based upon the same facts as the lawsuit that was dismissed, then the current lawsuit had to be filed within one year of the date that the first lawsuti was dismissed. From the facts included in your post it appears that an attorney might be able to get this case dismissed for you. Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
