Should I file the motion to dismiss the judgment "with prejudice"? ( STATE OF IL )
What is the name of your state (only U.S. law)? IL
Hi !
There was alleged debt in the amount of less than $4000. The debt was disputed 3 times in writing. I have copies of the letters and certified receipts with their signature mailed back to me.
1. The first time in 2006
2. The second time 2007
3. The third time again in 2007
With ALL different collection agencies who did not either respond or simply sold the same debt to another agency as soon as I would dispute with them.
While this debt was under dispute another Company who perhaps hired all the other ones emerged & filed a court complaint without me receiving papers in late 2007.
Because I never got it, and the entire thing was still under dispute THE CASE was dismissed without prejudice - Allowed in 2009! This means they can sort of try suing again because it was not "with prejudice".
Take in consideration that debt they claim I owe never was validated by any of the agencies and SOL perhaps even expired.
If we count 5 years from a last payment/last activity and card was closed in 2001 this is too old already.
I am ....ed of they even went to court and try to collect not validated debt.
And I am also **************.ed off they knew I am disputing it and still went to court anyway.
Now folks, tell me what should I do? Should I now file a motion to dismiss with prejudice and how exactly that needs to be done or should I simply let it go and leave it as it is - BUT - if they try suing again than act?
And do you think they will?
Or should I let them slide?
I was thinking also to write a letter to the Judge and provide him copies of disputes but I am not sure if that is effective without me going to court and filing it with clerk. I don't even know if Judge would accept it if written as a letter.
Any suggestion greatly appreciated!!! Thanks.
What is the name of your state (only U.S. law)? IL
Hi !
There was alleged debt in the amount of less than $4000. The debt was disputed 3 times in writing. I have copies of the letters and certified receipts with their signature mailed back to me.
1. The first time in 2006
2. The second time 2007
3. The third time again in 2007
With ALL different collection agencies who did not either respond or simply sold the same debt to another agency as soon as I would dispute with them.
While this debt was under dispute another Company who perhaps hired all the other ones emerged & filed a court complaint without me receiving papers in late 2007.
Because I never got it, and the entire thing was still under dispute THE CASE was dismissed without prejudice - Allowed in 2009! This means they can sort of try suing again because it was not "with prejudice".
Take in consideration that debt they claim I owe never was validated by any of the agencies and SOL perhaps even expired.
If we count 5 years from a last payment/last activity and card was closed in 2001 this is too old already.
I am ....ed of they even went to court and try to collect not validated debt.
And I am also **************.ed off they knew I am disputing it and still went to court anyway.
Now folks, tell me what should I do? Should I now file a motion to dismiss with prejudice and how exactly that needs to be done or should I simply let it go and leave it as it is - BUT - if they try suing again than act?
And do you think they will?
Or should I let them slide?
I was thinking also to write a letter to the Judge and provide him copies of disputes but I am not sure if that is effective without me going to court and filing it with clerk. I don't even know if Judge would accept it if written as a letter.
Any suggestion greatly appreciated!!! Thanks.