After SOL case is dismissed, can atty office still call?

[Tink11464]

What is the name of your state? Pennsylvania

Now that my case has been dismissed for expiration of SOL, can the attorney's office who had the case keep calling trying to collect??

Thanks as always!!

 

[CourtClerk]

Nope. That's it.

 

[Tink11464]

I was wondering - because when we go home after court yesterday (about 3 hours after) the attorney's office phone number was on my caller id, and then we got in tonite and their number was on there again.

Hopefully he'll call tomorrow and I can find out why they'd be calling..

Thanks

 

[CourtClerk]

Maybe someone hasn't "updated their system" yet... when you get them on the phone, remind them that you were sued and the case was dismissed by the judge (I assume it was with prejudice). Start collecting names, dates and times of the phone calls and who you're talking to in case you need to pursue this further.

 

[Tink11464]

Yes - it was with prejudice (that had me worried until I looked it up - thought that it was some kind of double talk )

Thank you for your help!

 

[GulfBreeze]

First of all, the court dismissed it...not the other side dismissing it without prejudice. its over with. a couple here might argue with me, but here is the fact...you tell the lawyer that you dont want to be called again. tell him that any further contact after you informed him to stop (unless its a summons) is a violation and you will sue them for a $1,000. come back if they do, and i will tell you how to do this. this is nothing more than harassment now (unless...you never know, maybe they are calling to send kudos for an excellent defensive)....lol.

doubt it...but anyways, don't be afraid of them now. don't even bother talking to them. tell them that you are keeping records of their calls and recording them each time...see how fast they hang up and not call again.

 

[StephenH]

I beleive they can still try to collect their money, but they cannot sue you for it.

 

[GulfBreeze]

oop read below

 

[GulfBreeze]

I beleive they can still try to collect their money, but they cannot sue you for it.

a debt is a debt....morally still owed until paid back. however, if the sol has expired, its not enforceable by judgment via courts. they can still ask for it. however part two is....they can not harass you especially if this has gone to court and you have been cleared. this was with prejudience...not without. they can not continue to call on the phone. they can not report it. they may however, waste they money on postage and send letter asking for it. i just said to say or record anything that they send that threatens with a lawsuit or the hint of one. they can politely ask in letter form.

 

[justalayman]

a debt is a debt....morally still owed until paid back. however, if the sol has expired, its not enforceable by judgment via courts. they can still ask for it. however part two is....they can not harass you especially if this has gone to court and you have been cleared. this was with prejudience...not without. they can not continue to call on the phone. they can not report it. they may however, waste they money on postage and send letter asking for it. i just said to say or record anything that they send that threatens with a lawsuit or the hint of one. they can politely ask in letter form.

actually the debt can still be reported until the SoL passes on reporting (something like 7 1/2 years. As you stated, the debt is still a debt and can be reported as such.

if they do threaten anything, they are in violation of the FDCPA and can be sued. I believe it is $1k per violation.

 

[Tink11464]

First of all, the court dismissed it...not the other side dismissing it without prejudice. its over with. a couple here might argue with me, but here is the fact...you tell the lawyer that you dont want to be called again. tell him that any further contact after you informed him to stop (unless its a summons) is a violation and you will sue them for a $1,000. come back if they do, and i will tell you how to do this. this is nothing more than harassment now (unless...you never know, maybe they are calling to send kudos for an excellent defensive)....lol.

doubt it...but anyways, don't be afraid of them now. don't even bother talking to them. tell them that you are keeping records of their calls and recording them each time...see how fast they hang up and not call again.

Hahaha - if they're calling to give kudos - I'll tell him it was my freeadvice.com team

Thanks again to everyone for your great advice!!

 

[GulfBreeze]

actually the debt can still be reported until the SoL passes on reporting (something like 7 1/2 years. As you stated, the debt is still a debt and can be reported as such.

if they do threaten anything, they are in violation of the FDCPA and can be sued. I believe it is $1k per violation.

i have mentioned it before, that yes, they can still have it on your CR for 7 years (the 1/2 being whether they waited till it went into default which is usually the case, but some will report it on your CR sooner). the CR may only have negative reports for 7 years from the time it went delinquent. there seems to be a difference as to 7 or 7 1/2..but i have never seen on my reports one longer than 7 ( and i watched mine closely when that time came).

yes, they dont have to remove it until then but there might be a chance that with a court award, you could get the CRA to remove it based on disputing it.

i also have mentioned the $1000 violation if they pursue this in a matter that is considered harassment or threaten you with lawsuit any further. calling your work or even your home once you tell them to stop calling on this particular case is considered a violation. the most they are allowed to do now is offer you a card and transfer debt to it and extend credit to it or sending you a Christmas card and ask nicely if you are in the giving mood and would like to donate toward your debt....lol my wastebasket usually gets fed at this time.

some of you probably think all i do is find ways of dodging debts i owe. not the case. all the debts i have owed and didn't pay had circumstances. they just failed to exercise their rights and gave me the advantage to straighten out my situations to my advantage. some people use bankruptcy to clean their slates for a fresh start. i have chosen a different path. its the fault of these companies not to pursue these. do i optimality pay for it...yes. with higher interest rates on loans and higher insurance etc...i am hoping to soon have everything behind me and join the ranks of those who uses credit wisely and pay all my debts.

 

[justalayman]

yes, they dont have to remove it until then but there might be a chance that with a court award, you could get the CRA to remove it based on disputing it.

all the courts did was dismiss the suit due to the SoL. They did not adress the validity of the claim. If a consumer wishes to dispute the report, they will have to justify, with proof as to it being an invalid report, which it actually isn't. If the CRA investigates at all, the report will state as is as the creditor will still state the debt is a valid debt, mereley not able to be sue for. After that, it is up to the CRA's to do what they want.

calling your work or even your home once you tell them to stop calling on this particular case is considered a violation.

per the FDCPA, the notice must be in writing.

the most they are aloowed to do now is offer you a card and transfer debt to it and extend credit to it or sending you a christmas card and ask nicely if you are in the giving mood and would like to donate towards your debt....lol my wastebasket usually gets fed at this time.

actually, any attempts to colllect by the same creditor might be able to be pushed to be considered harrassment. There is truly no reason for them to contact you anymore and they know it. You had defended against the claim with a SoL and was adjudicated as such so they know it is not a court matter anymore. By defending the claim as such, you have effectively given them notice you are not going to pay, therefore, any contact by them might be seen as harrassment.

I would expect no contact from that creditor ever again. If there was, i
I would notify them that there contact is unwelcome and would be construed as harrassment and if they contact again, would be promptly sued.

 

[GulfBreeze]

I totally agree with you justalayman....and the notice is called a "cease and decease" letter. you are giving them notice that you don't want to be contact any further considering this debt unless its a summons in which in this case will not be allowed.

 

[justalayman]

I totally agree with you justalayman....and the notice is called a "cease and decease" letter. you are giving them notice that you don't want to be contact any further considering this debt unless its a summons in which in this case will not be allowed.

actually it is a "cease and desist" but I like your cease and decease (which would mean "stop and die") letter idea. If they screw with me too much somebody might end up deceased.