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  1. #1
    Join Date
    Feb 2009
    Posts
    1

    Default Case Dismissed Without Prejudice - What Now

    My question involves collection proceedings in the State of: California

    I had a collection agency sue me for a debt that I deny owing. I filed my paperwork and showed up in court. They however, did not show up. The case was dismissed w/o prejudice. They (after a phone conversation) are still claiming that I owe them the money and deny ever taking me to court. I told them that it was dismissed in court and it was apparently, news to them. I have the papers right here in front of me

    Anyhow, my questions would be;

    1. How long do they have to re-file another case? (way under $5000 BTW)
    2. Do I have any legal recourse?
    3. How do I get them off of my credit report?

    Thanks in advance.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,950

    Default Re: Case Dismissed Without Prejudice - What Now

    They can refile up to the date the statute of limitations expires. (They could refile after that date, but you could defeat the claim with a statute of limitations defense.)

    You can instruct them not to contact you, and see if they sue you again.

    You can object to the erroneous information on your credit report with the credit reporting agency, and see what happens.

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