[tonyah]

State of Residence: Colorado
Last year I was served a summons for a credit card debt that was 5 years old. I filed my answer using the expired SOL as my defense. A couple of months went by and the courts sent me a Notice of Dismissal for Failure to Prosecute if the plaintiff didn't respond. The courts closed the case and dismissed it without prejudice. A couple of weeks later the plaintiff filed a Motion for Judgment saying my expired SOL defense was not a legal defense. They were denied and I thought that was the end of it.

A couple of days ago, I was again served a summons from the same collection attorney for the same debt. I'm going to use the expired SOL again as my defense but was wondering if there is something I can put in my answer so they can't continue to keep coming after me for the same debt. Should I reference the original case that was dismissed? Can I ask that it be dismissed with prejudice so if I win again, they can't try and sue me?

Any advise is greatly appreciated.

[Mr. Knowitall]

You can try to get summary disposition on the issue of the Statute of Limitations. But unless you want to hire a lawyer, assuming that the alternative were that the court would again dismiss the complaint without prejudice, it would typically be a lot easier to go along with the dismissal.