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Why won't a collection agency dimiss without prejudice a summons and complaint

Spokane, WA |

my daughter was served with summons and complaint in wa.state. it came with paper saying she could settle and call them. so, i called and asked if they would dimiss without prejudice while she pays off debt they told me no she could only make payment arrangements.is this about extra money? at the end of the day they still will be getting payments.

Attorney Answers 3


  1. Best answer

    They won't voluntarily dismiss until they have been paid. It is possible that the debt is based on a contract she signed agreeing to pay attorney fees and costs of suit and interest, etc., and they want to jack up the amount owed as much as possible because that way they get more money.

    At the end of the day, if it is going to be a huge hardship to pay more than about $1K, strongly consider discussing this with bankruptcy counsel. You can offer to compromise with the money you would have paid to bankruptcy counsel; if they refuse, then take a CH 7 and they'll get nothing. Elizabeth Powell

    Using Avvo does not form an attorney client relationship.


  2. If they dismiss without prejudice while she makes payments and then she defaults on the payments, they have to have her served again with a new complaint. I suspect this is why they will not dismiss it based on her statement that she will make payments on the debt.

    I am not your attorney. My response is provided for informational purposes only and does not constitute legal advice.


  3. They have no incentive to do so. They have already paid the filing fee and an attorney so they have sunk costs as well. She should consult immediately with a consumer law attorney who can assess whether a defense should be mounted that would most likely culminate in a stipulated agreement that would avoid entry of judgement if she meets a payment schedule, or if she should simply file bankruptcy.

    Please consult an attorney who is licensed in your state to evaluate your case if you have any questions at all. This communication does not in any way create an attorney client relationship.

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