Legal Question in Credit and Debt Law in New Jersey

Can I be sued again

I received a summons in 2007 from Solomon & Solomon for an old verizon account. I had a letter from a collection agency previously sent to me in November of 2004 saying no further action would be taken and my credit would not be affected.. They were waiting for proof from their client Palisades Acquisitons that I owed this debt. They never got one. The parlegal I spoke to at Solomon and Solomon told me the day before the court date that he was recommending that they dismiss this case. We went to court. When our names were called, their attorney got up and said they were voluntarily withdrawing the case.

Now I found out after checking my credit report that its still on there. I contacted Palasaides and they said it was dismissed without prejudice. How could that happen without me knowing and Palasaides is saying the bill is still collectable. Can they try and sue me again. I was ready to prove my case that day they were not. Is their a time period when a case is without prejudice. How does all this work?


Asked on 7/22/08, 3:31 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: Can I be sued again

Dismissals are without prejudice unless the judge says otherwise. Unfortunately, if you had asked when the case came to court, the judge probably would have made the dismissal with prejudice. That usually happens if the defendant is ready to proceed and the plaintiff withdraws.

That said, the period of limitations is not extended by the voluntary dismissal. So, see:

http://info.corbettlaw.net/olddebts.htm

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 7/22/08, 4:13 pm


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