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Debt lawsuit. Case dismissed without prejudice initiated by plaintiff. Next step? S.o.L. in play if they file new complaint even

Asked over 2 years ago - Wilmington, DE

Lawsuit dismissed without prejudice by plaintiff. They ( junk debt ) were represented by local attorney. What happens to statute limitations since case was dismissed? Back to last activity on account? Could they potentially file new complaint in future? Anything I could do proactively to eliminate this matter permanently and remove from credit report?
Thanks.

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Attorney for plaintiff sent Stipulation of Dismissal form to be filed with court. Sign and return?

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Attorney answers (1)

Andrew Daniel Myers

Reputation Level 20

Answered over 2 years ago. Personal Injury Lawyer in North Andover, MA.

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(1) Yes they've still got to comply with the statute of limitations which in most states would have started to run on last account activity, but you may want to check your jurisdiction. In other words, the fact that they filed a lawsuit and then dismissed it does not mean they have met the statute and can delay filing.

(2) Best way to eliminate the debt is to file bankruptcy, which discharges the debt. Short of that, pull the credit report and dispute the debt under the rules that are usually either printed on the reverse side of the report or on the web sites of the credit reporting agencies.

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