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 Posted: Mon Aug 20, 2007 10:14 am Subject: Is it legal for CCC to make collection call after dismissal |
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I disputed a credit card debt, hired an attorney, completed the dispositions and finally had my day in court.
The attorney representing the credit card company as well as the credit card company did not appear in court. When our case was called, my attorney indicated to the judge that he had spoken with the plaintiff( credit card company) and that they would be taking a dismissal. As such, the judge dismissed the case at the request of my attorney.
Now 4 months after dismissal, the credit card company calls me at least twice a week seeking payment. Are they allowed to continue with these collection calls after a judge dismissed the case?
I have informed them of the dismissal and that I'm represented by an attorney and they still continue to harass me. Is this legal and do I have any rights?
Look forward to your early responses.
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kterpe
Joined: 20 Aug 2007
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| Posted: Mon Aug 20, 2007 10:18 am Subject: |
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Welcome to the Community  I would think that if it's dismissed, that would be the end. Was it dismissed with or without prejudice? That could be the difference.
You are paying an attorney, call him and ask him what they did with the case and to take care of these people with a letter or something. Next time you speak with them, give them the attorneys number and refer all calls to him
Good Luck..KAren
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Bossy4455
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| Posted: Mon Aug 20, 2007 10:57 am Subject: |
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Karen is right. You need to notify your attorney about the creditor's calls. Do you have all the legal papers to prove the case was dismissed by the judge? Show it to the attorney and he will take necessary actions.
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Bridget
Joined: 03 Mar 2006
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| Posted: Mon Aug 20, 2007 8:27 pm Subject: |
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You should have been provided a copy of the dismissal. You should send them a copy of certified mail, return receipt requested.
One question though, Did the judge also invalidate the debt or simply dismiss the suit. If all he did was dismiss the suit, then they are not legally prohibited from trying to continuing to collect, unless they received a legal order to cease collection attempts and invalidating the debt.
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LCW
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