After Dismissal WITHOUT Prejudice Should I Try to Settle?

[Greencodysmom]

What is the name of your state? Tennessee

LVNV brought suit against me for a collection account from a finance company that I defaulted on. I wanted to try to prevent wage garnishment so I hired an attorney who wrote an answer to the suit. I was never informed of a court date after the answer was filed. Today I found out the suit was dismissed WITHOUT prejudice. (I have reason to believe that the attorney I hired didn't even go to court, but anyway...).

I understand this dismissal leaves it open for LVNV to bring suit again. I have been trying to repair my credit in order to obtain a mortgage so I really don't want a judgment or garnishment on my credit report. Should I attempt to reach a settlement with LVNV at this point? If so, do I communicate with someone at LVNV or the fairly local attorney used to bring the suit? I'm thinking if I manage to reach a settlement that as part of the settlement I should have it written that they will not bring further suit and that the item will be removed from my credit reports.

Since I'm not able to speak with the attorney I hired; his secretary intercepts his calls and tries to answer for him, I am seeking advice. Is it possible to reach a settlement outside of the court after a dismissal? Thanks for any and all advice!!

 

[Zigner]

Yes, it's entirely possible. Please note that LVNV has no reason to attempt to settle with you for anything less than the full amount (plus additional fees, as allowed in the contract). In fact, knowing that you are trying to get things in order so that you can buy a house gives them even more incentive to play hardball.

 

[FlyingRon]

Attorneys who can get suits dismissed without going to court are doing a good job. If it got dismissed I can almost guarantee that he made some submission to the court, if not in person.