I was sued for coleccion for a credit card debt, it was dismisal, now other collecion agency is ask for pay it can they sue too

Asked over 1 year ago - Houston, TX

credit card debt default 03-11, get sued for colleccion agency on 3-12, get dismisal from court on 11-12, now another collecion agency try contacted me for the same debt, can they start to sue me again, even a judge already dismissed that case

Attorney answers (4)

  1. Michael Wayne Weston

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    Contributor Level 11

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    Answered . Most likely the dismissal from the court was "without prejudice" check the dismissal order. If it says "without" prejudice then yes they can sue you if they re-file within the statute of limitations. It it was dismissed for want of prosecution that means without prejudice. Many times people are not sued twice on the same debt because they already lost money suing you the first time. It is possible though and this is a relatively young debt with the default date being 3-11.

    The statute of limitations to sue you for debt in Texas is 4 years from the default date so technically you could be sued again up to March of 2015 by any collector, unless the debt was dismissed "with prejudice" meaning it cannot be re-filed.

    My comments are not legal advice and are for informational purposes only.
  2. Michael Glynn Busby Jr.

    Pro

    Contributor Level 19

    Answered . Statute of limitations is four years for breach of contract in Texas. The assignment would have to be in proper form, but if it is within 4 years and assignment is in proper form, then yes then can sue. I am open today until 8:30 p.m.

  3. Gary D. Bollinger

    Pro

    Contributor Level 19

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    Answered . If the dismissal was without prejudice, the claim survived and can be assigned or sold to another debt collector.

  4. Ari Hillel Marcus

    Contributor Level 4

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    Lawyer agrees

    Answered . If it was dismissed with prejudice, the other collection agency can not sue you for the same debt. If they are trying to, they may be violating federal law which would entitle you to up to $1,000.00.

    Feel free to call 732-660-8169 to discuss further.

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