Is there a SOL on refiling after dismissal without prejudice??

What is the name of your state? California

My case was dismissed without prejudice in Nov. 2004. Even so, the Plaintiff continued to authorize the CA to file an unpaid collection account on all 3 credit bureaus. Plaintiff, Howard's Appliance, states that since they reserve the right to refile the case it is still a valid debt in their view. I have written to them numerous times, phone calls, etc. asking if they intended to refile? Never an answer. How can I get this case heard? I want to prove to the court that I do not owe this debt. Dismissal was handed due to Plaintiff not present.

Doesn't a case need a judgment in order to proceed with collection and credit derogatory actions taken first?

Any advise?? Frustrated in Socal with ex-perfect credit rating.

Let’s begin with a different sequence.

Doesn't a case need a judgment in order to proceed with collection and credit derogatory actions taken first?

No. (1) Collection efforts can be made, including reporting to CRAs, without having taken a case to court. (2) Collection efforts can be made, including reporting to CRAs, after the limitations period has expired (which, in your case, is 4 years as you appear to be dealing with a non-credit card debt that theoretically could be controlled by the SOL of another state). (3) What is important is that reported information be accurate and verifiable. A dismissal without prejudice is, in effect, no decision. It is not a judicial ruling on the merits of the claim; it involved no hearing at all.

How can I get this case heard? I want to prove to the court that I do not owe this debt.

You could sue them for Declaratory Relief, but then you should be out of the Small Claims forum and using an attorney. SC doesn’t deal with Declaratory Relief in California. If you contend that they are knowingly and intentionally reporting false information, you’d still be better off.

If you felt that you must proceed in SC, you’d have to do it without the mechanism of discovery (‘tho you could subpoena documents), and it might become “he said – she said”. If you could prove non-liability without the need for discovery, just filing against the CA and original creditor might be enough to get the job done, but that could be a slippery slope, if they both appear and there is evidence of the debt.

I assume that you’ve disputed this debt with the CRAs and that the obligation was verified by the creditor (?).

Very interesting ......

First of all, to answer your question..... yes, I have disputed this with the big 3 and the CRA, IC Systems on numerous occasions both verbally (fruitless) and in writing with return receipt. Only one credit bureau is continuing to report this derog based upon the CRA verbally receiving a verification of debt authorization from Howard's TV. The CRA has no written contract to base their derog reporting on from Howard's only an initial letter from Howard's that they are to continue to report this outstanding debt. I've requested a copy of the contract, letter or something in writing showing that I have an outstanding unpaid account with Howard's and they cannot produce anything. I believe the CRA has attempted to obtain such a document from Howard's to no avail. But they are authorized by Howard's to continue reporting in any regard.

What constitutes information that is reported on my credit report verifyable and accurate? In my case it is a woman in the credit dept. at Howard's Appliance verbally stating that the debt is valid with no supporting documentation whatsoever. Couldn't any company contract with a CRA and do the same thing to Anyone??? What prevents this from happening to others too? They do not need to abide by any regulation on credit reporting actions?

Thank you for the info regarding the court's decision. I always thought that a CRA needed a judgment in order to move forward in making a derog statement on my credit report. Why did they even file a SC action in the first place? They damaged me anyway. What recourse do I have to eliminate this from my credit report. I have letters from the other two bureaus that they have found this debt to be invalid or fraudulent and it was removed. I showed these letters to the stubborn bureau and it has made no difference. Your thoughts are appreciated as I feel as if I'm completely stonewalled.

I will research the Declaratory Relief action you suggested further. They have no evidence of a debt so issuing subpeonas sounds like an avenue to pursue as well. Of course, I need to choose one method over the other and understand that. I don't want to open a civil case if a SC action may work.