Re: Effect of a Countersuit on Debt Collection
.No, you didn't actually win. The suit was dismissed. That means there was no judgment rendered.
I won a civil suit against a large loan company after I defaulted on the loan. The company did not appear in court and I won by default with the judgement of
Dismissed with prejudice - claim
Dismissed without prejudice - counterclaim
and? they can still try to collect a debt.
The company is still trying to collect the debt with phone calls and collection letters.
They have also been reporting negatively on my credit report every month since Feb of '08.
what judgement? The court never ruled their claim valid or not. The court dismissed the suit. All that means is they cannot obtain a judgment against you.
They were made aware of the judgement.
Does this judgement mean they can no longer pursue the debt?
And if so, Can I counter sue them for false reporting under trade commission laws, Or fair debt practices?
wow, that was a bad idea. Maybe they won in one of the other counties or states. You needed to defend each suit properly. Your failure to do so could have caused you to lose in one of those other suits.
They had also tried to sue me in three different counties in two states. I just picked one to go to. They were all filed within a day or two of each other.
you are the one that destroyed your credit by defaulting on the loan. All they have done is report your actions to the proper agencies.
They have destroyed my credit and I am not sure where to go from here.
sure but it isn't, based on what you have stated.
If I was sure the debt is now invalid I could sue them?
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.