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  1. #1
    Join Date
    Aug 2010
    Posts
    2

    Question Recovering Damages from Judgement in My Favor

    My question involves judgment recovery in the State of: Oregon
    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.
    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.
    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?
    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.
    They have destroyed my credit and I am not sure where to go from here.
    If I was sure the debt is now invalid I could sue them?
    Any help is greatly appreciated.

  2. #2
    Join Date
    Jan 2006
    Posts
    27,031

    Default Re: Effect of a Countersuit on Debt Collection

    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
    .No, you didn't actually win. The suit was dismissed. That means there was no judgment rendered.


    The company is still trying to collect the debt with phone calls and collection letters.
    and? they can still try to collect a debt.

    They have also been reporting negatively on my credit report every month since Feb of '08.
    ok

    They were made aware of the judgement.
    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.


    Does this judgement mean they can no longer pursue the debt?
    no

    And if so, Can I counter sue them for false reporting under trade commission laws, Or fair debt practices?
    nope

    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.
    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 have destroyed my credit and I am not sure where to go from here.
    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.

    If I was sure the debt is now invalid I could sue them?
    sure but it isn't, based on what you have stated.

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Effect of a Countersuit on Debt Collection

    Law school ANYONE?

    A claim dismissed with prejudice means it can't be re-filed. The plaintiff is barred from ever filing it again in that county or state.

    If they filed again, it could be barred and dismissed under res judicata which means the issue has already be adjudicated.

    That can also be used as a defense in any other state and virtually all judges will accept any judgment from a court of competent jurisdiction, even a default judgment I would think.

    If you are sued in a state where you do not live, and you learn about it, you should file a motion to dismiss on the grounds that the court does not have personal jurisdiction, and if they find personal jurisdiction (not likely) then it should be dismissed on grounds of res judicata.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,045

    Default Re: Recovering Damages from Judgement in My Favor

    You obtained the order of dismissal when?

    From what you have told us their claim was dismissed with prejudice, ordinarily meaning that, unless they successfully have that dismissal set aside, they cannot use the courts to again pursue the debt. But your mention of a second lawsuit in a different state complicates things.

    If they sued you in two states and you didn't bother to do anything about the other two lawsuits, they may well have obtained a judgment against you in one or both of those courts. Depending upon timing and the full procedural context, the dismissal in the one lawsuit may not affect the validity of any judgment they obtained elsewhere. If you don't know what happened, figure it out and tell us or hire a lawyer to investigate and act on your behalf.

    Whatever the outcome of the lawsuit, they do not have to remove prior, accurate information from your credit report.

  5. #5
    Join Date
    Aug 2010
    Posts
    2

    Default Re: Recovering Damages from Judgement in My Favor

    They filed the lawsuits for the same day as the one I went to. Knowing full well that I was in The county that i showed up to court in. They filed in the state of Wa. knowing that i was in oregon. They sued for 3 cmpletely different amounts. By way of 2000.00 difference in each one. I am thinking that since one was not notarized that it was'nt even filed with the courts. And as a conflict of interest I was served that "copy" by an employee of the company that was suing me. I had receipts to prove that I had paid. Receipts proving that i was forced to write post dated checks. They would cash those checks early, then say would not accept the payment via certified letter. I did not ruin my credit. I paid. yet they did not apply my payments, Yes I have dated receipts from them. I have threatening collection letters from them. This all started as I was deployed and had put a stop on all debts until I got home. By federal law i was allowed to so that. I redumed payments within 1 week of re-entering the country. They would camp out in front of my apartment and tell me and my neighbors that I had defaulted Even though I was paying them the agreed upon amount. They wanted all back pay in one lump sum. Which is illegal according to the soldiers and sailors releif act. The fact that they sued me and didnt show up was wrong. And that i was able to recover my fees from court and they never paid.
    I recevied the dismissal in Feb 09

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