Collection Agency

[surebet]

What is the name of your state? Georgia

I won a Voluntary Dismissal Without Prejudice from Capital One Bank (Debt Collectors) regarding a credit account from 5 years ago. I appeared in court and argued my case (they had no paperwork with my signature, therefore I argued that it could have been anyone's bills just sent to my address.
However, when I contacted the credit bureau to have it discharged, I was told that the Debt Collectors Attorney wanted to open it again and was waiting on Capital One to locate any paperwork with my signature on it. They told me they reopened it on Aug 2, and had until August 30, to receive the paperwork(if any).

Is this legal? What can I do to fight this?What is the name of your state?

[Chien]

It was a Dismissal Without Prejudice, so yes, they can do it again.

As far as what you can do, you see if their evidence is any better than before and, by now, you may also have a Statute of Limitations defense. You'd have to be more specific about dates and about whether your courts are treating credit cards as contracts or open accounts.

If they were suing on something from 5 years ago, I assume that they assume it will be treated as a contract.

[skidmarks]

Originally Posted by surebet

What is the name of your state? Georgia

I won a Voluntary Dismissal Without Prejudice from Capital One Bank (Debt Collectors) regarding a credit account from 5 years ago. I appeared in court and argued my case (they had no paperwork with my signature, therefore I argued that it could have been anyone's bills just sent to my address.
However, when I contacted the credit bureau to have it discharged, I was told that the Debt Collectors Attorney wanted to open it again and was waiting on Capital One to locate any paperwork with my signature on it. They told me they reopened it on Aug 2, and had until August 30, to receive the paperwork(if any).

Is this legal? What can I do to fight this?What is the name of your state?

Big mistake, you should have counter sued the collection agency, you would have had better outcome

[draygnmage]

OMG.

On what grounds could this person have filed a coutnersuit??

BTW- did the OP move around excessively during the time the debt was being incurred? A *good* attorney could point out that bills going to *your* address with *your* name on them would have been disputed long ago if they were in fact, not yours. Corroborating evidence would be any payments that were received during the life of the account, as not many identity theives would make payments on the cards they open.