I had an old (15 years ago) credit card debt that was bought by a NOTORIOUS junk debt buyer. They bought my account for pennies, then sued me for the full amount plus interest and sent the papers to an address I hadn't lived at for 5 years. I didn't show up, obviously, because I had no idea until they tried to freeze one of my bank accounts. I filed a motion to set aside the judgment, won that. I fought the suit and got it dismissed, as it was incredibly far past the statute of limitations, but now the company is harassing me again, saying I still owe them money, even though the case was dismissed. Can I sue them for harassment? I have told them to stop contacting me.
Chapter 13 Bankruptcy Attorney
Go, no run, to see a lawyer in your area that is well versed in the Fair Debt Collections Practices Act. If it was barred by the statute of limitations the last time, it is this time and you may have a very good claim.
Many state's procedures will allow for a dismissal and the creditor can sue again. However, if the case was barred by the statute of limitations when the first suit was filed, the state procedure will not help.
You should go see a lawyer.
By answering this question, general information is provided and no attorney-client relationship is established. For specific inquiries, you should consult with experienced counsel in your area.
1 found this helpful
4 lawyers agree
As stated by the other attorneys, do not try to handle this yourself.
You probably do have a good case against the JDB (harassment, FDCPA violations, malicious prosecution, etc.), but a competent, local collection attorney will be the best person to assess that.
If you need further clarity, please email me at MICHAEL@MIRELAND.US Answers to questions are for general information purposes only and do not establish an attorney-client relationship. This is not legal advice, simply information. You SHOULD NOT act on this information without consulting a competent bankruptcy attorney in your area and providing ALL relevant information.
Contracts / Agreements Lawyer
Based on the facts here I would say that there are some FDCPA violations, but I would want to know more facts first. For example, is it the same company from before that is contacting you? They may have sold the debt off to another company that is now contacting you. Was the statute of limitations the basis of the dismissal? If not, was it a document production problem that they had?