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My case was Dismissed With Prejudice. What is my next step?

Falmouth, MA |
Filed under: Lawsuits and disputes

I was a debtor in a case with CitiBank. The law firm that was collecting for CitiBank has harassed me for the last 3 years. Today, I went to court and stated that the Supplementary Process proceeding that they had requested was unfounded and they showed how they have harassed me. The judge agreed and Dismissed (my case) With Prejudice. Do I still continue to pay CitiBank the same way and the same amount? Or is the whole thing dismissed?

Attorney Answers 3

Posted

I am not sure what you mean by the "judge agreed." Does that mean the judge awarded you damages or forgave your debt. Otherwise, if you filed a complaint and it was dismissed "with prejudice," that means you may not file your complaint again. If your complaint had been dismissed "without prejudice," you would have been free to re-file a complaint again.

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Posted

It sound like the action related or against you is over.

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2 comments

Asker

Posted

Thank you Mr. Lebensbaum. I was unclear if the Supplementary Process action or the entire case was dismissed with prejudice. Is there a difference? How would I find out what my next step is?

Henry Lebensbaum

Henry Lebensbaum

Posted

Check the docket.

Posted

Supplementary Process is a collection action; it doesn't deal with the amount you owe, only the amount you can and must pay on an outstanding judgment. It is hard to understand what the judge meant when he dismissed it "with prejudice".

Evaluating any legal question requires a detailed knowledge of the specific facts involved. Since a short question will rarely contain all the relevant facts, the answer here should be considered a general comment for your consideration and not legal advice.

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3 comments

Asker

Posted

I received the "Notice To The Parties". It says, "The enclosed indicates the Court's action in this matter. Case dismissed with prejudice by order of Judge ... Defendant appeared in court on ..." So I'm wondering if that means that the Supplementary Process has been dismissed? The docket number at the top of the document has an SP in it, so that indicates the Supplementary Process? If so, does that just undo the collection process and I go back to the original amount of the debt? There has been quite a bit of interest and fees added since the date of the judgement. If I trusted CitiBank or their attorney to tell me the truth, I would approach them. I don't want my payments to be late but I also don't want to keep dealing with the attorney if I can deal directly CitiBank. Thank you for your help.

Robert A Stolzberg

Robert A Stolzberg

Posted

As I said, it is hard to know what it means. the interest accrues according to the CC agreement. I'd wait and see what Citibank does. If they do nothing, then assume that the entire matter has been resolved with prejudice and is over. If they contact you, you can then decide how to proceed.

Asker

Posted

Thank you.

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