My case was dismissed this morning!!

Asked about 1 year ago - White Plains, NY

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The lawyer for the collection company was not original lawyer that got the default judgement in 2004. So I guess he could not speak for how I was served? They were a no show this morning. Judge dismissed the case but I could not get her to do it with prejudice. Can I be served again to pay this debt or does statue of limitations in both state take effect. California (4yrs) is state where credit card company and I from New York (6yrs). Defaulted card in Sept. '99

Attorney answers (3)

  1. Contributor Level 15

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    Answered May 09, 2012 10:59. Statute of limitations should probably prevent them from suing you again.

    Good luck,

  2. Contributor Level 17

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    Answered May 10, 2012 00:59. This is a stale debt because of the statute of limitations. However, if the lawsuit was not dismissed with prejudice then they can refile the suit and you can file an affirmative defense because the statute of limitations expired and then it would be decided on the merits and they cannot refile again. Likely they wont refile if they know the statute of limitations expired, but you never know.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more
  3. Contributor Level 20

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    Answered May 09, 2012 11:00. Something isn't making sense in your post. They already obtained a DEFAULT JUDGMENT against you, back in 2004? Why, then, were you back in court? And, what would lead the judge to DISMISS a case that already has a judgment on it?

    We can be reached at 507.334.0155. Our web address is: www. corbin-law-office.com. Answers on Avvo are not to... more

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