Legal Question in Credit and Debt Law in Virginia

Collections trying collect after receiving a Dismissed w\ Prejudice-

Credit Collector sent bill for a credit card balance, we followed advice and asked for confirmation which none was given. Collector filed with courts and we counter sued for improper collection practice (we did not use a attorney). Collector agreed to pay us amount we sued for with written agreement that we both drop court case with court Dismissing with Prejudice so case could not be re-filed.

Today I received a ''Settlement Opportunity'' from same collection company requesting payment in full by September 10th despite our contract agreement that collector was to drop any and all collection for debt they state we owed.

What is my recourse? Can I re-file for damages of contract default? Suggestions on how to handle this matter please.


Asked on 8/15/08, 6:44 pm

1 Answer from Attorneys
David McKelvey David McKelvey, Attorney at Law

Re: Collections trying collect after receiving a Dismissed w\ Prejudice-

If what you are saying is true, this act constitutes a new breach of contract and possibly another act of unfair collection practices. If this is so, you can refile.

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Answered on 8/17/08, 11:33 pm


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