Legal Question in Credit and Debt Law in Tennessee
I received an Order of Dismissal about an amount I owed to a credit card company through an attorney, can the same company attempt to collect the debt with a new attorney?
Asked on 6/04/10, 9:55 am
1 Answer from Attorneys
Howard R. Peppel
Peppel, Gomes & MacIntosh, P.C.
It is impossible to answer this question without knowing the type of dismissal; i.e., was it a dismissal "with prejudice" or was it a dismissal "without prejudice". The court's order of dismissal would tell you this information. If it was "without prejudice", the action could possibly be taken over by another lawyer or collection agency depending upon the number of times it had been previously dismissed. If however, the dismissal was "with prejudice", the claim would have "died" and could not be pursued by another lawyer or collection agency.
Answered on 6/06/10, 1:58 pm