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Posted: Sun May 18, 2008 10:57 am Subject: What If?

Let's say that you (meaning anyone) gets a complaint dismissed against a collection agency with prejudice. This means they can't sue you in court for the debt correct? However, what if this CA decides to sell the same debt to another CA. What happens then? Just asking. Smile

Guest · Posted: Sun May 18, 2008 11:13 am Subject:

That is a violation of the FDCPA and you can sue the company who sold it and if the company who has the debt now fails to comply when you show them it was dismissed with prejudice, you can sue them too.

Posted: Sun May 18, 2008 11:18 am Subject:

Oh really? Hmmmmmmm, I had no idea, I was just curious if the debt could be sold from CA to CA after a dismissal. Thanks!

Posted: Mon May 19, 2008 7:34 am Subject:

hiya shaz--

technically it can be, but it isnt legal to do so. But hey, that hasnt stopped plenty of CA's from doing lots of things, right? No worries, after you and I get this one thrown out on its back side, if someone tries to pull that crap with you we will hand them their butt in a basket too....

Posted: Mon May 19, 2008 7:44 am Subject:

You're the best skydvr!! Very Happy

Posted: Mon May 19, 2008 4:53 pm Subject:

The sale of disputed debt is not illegal.The illegal act occurs when a new collector attempts to collect on a disputed debt and it can if properly documented give a cause of action to both collectors involved. It can also give a cause of action to the new owner of the debt against the previous owner for failure to disclose the details of the portfolio. Laughing

Guest · Posted: Mon May 19, 2008 5:04 pm Subject:

but cajun--this isnt disputed debt, its debt that was sued over and the CA lost, with prejudice. At that point, isnt there some kind of double-jeopardy deal or something that protects a consumer from having to go through all that again? When dismissed with prejudice, shouldnt that be the end of someone trying to sue over that debt?

Posted: Mon May 19, 2008 5:08 pm Subject:

A lawsuit dismissed with prejudice means the plaintiff listed cannot bring suit again.Since double jeopardy only applies to criminal,it would be wise to document your attempts at validation & court mediation so the next agency gets hammered on the first try. To avoid in future,demand they sign a contract not sell or report account ever since they have brought a suit with no valid cause of action which you could have demanded damages with a proper counter claim for court abuse of process.

Guest · Posted: Mon May 19, 2008 5:18 pm Subject:

I think the term you are looking for that is close to Double Jeopardy is Res judicata,

(Latin for "a matter [already] judged") is, in both civil law and common law legal systems, a case in which there has been a final judgment and is no longer subject to appeal. The term is also used to refer to the doctrine meant to bar re-litigation of such cases between the same parties, which is different between the two legal systems.

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