Case dismissed Question????

Technically, just understand this, any one can go after anyone for any reason at any time. ....so yes, they can..

The true question... will they?

Doubtfully...

When it comes to collecting debt, its all about what is easiest and cheapest, and collectors go after the "low hanging fruit"

So after a "reference" number has proven to be "difficult" unless there is something personal involved, I seriously doubt that they will go after your co -signor, but who knows, they might.

It depends on a lot of things, but it should make sense to monetarily go after them.

So the with prejudice on a debt, would only refers to me in the debt, not the debt in General, so they could sue a co-signer or joint account Person for the same debt

If your co-signer was not enjoined in that action, then any ruling in that case applies only to "them versus you". Dismissed "with prejudice" means that they could not sue you again over the same issue, but it does not prevent them from bringing a new action against other parties to that contract.

So yes, they could go after your co-signer. Now whatever reasons/defenses you used to dismiss the case, your co-signer could probably use as well.

So, I guess I should try and Settle

I dont understand--

if you fight, and you get your case dismissed with prejudice, there would have to be a reason why, right? Usually, when you get a case dismissed with prejudice, there is typically a flaw in the plaintiff's case--such as "expired SOL", or that you demanded proof and they had none. If this is the case, why on earth would you settle instead of fight? If you win, and you get it dismissed with prejudice, couldnt your co-signor use the exact same defense? It would only stand to reason that if they could not prove that YOU owed this money and had to dismiss with prejudice because of it, that they likewise couldnt prove that THE CO-SIGNOR owes the same money on the same debt that they could not prove in your case!

What reason would you have to settle instead of fight?

I feel they have not given me hard proof they own the debt, I am not even sure what they need to provide me as proof, they have given me a affidavit of debt that looks to be from the OC and 5 copies of old statements, A bill of sale from the OC, but does not have any info about me or my account on it, a credit card agreement dated from 1999, account was open in 95 and does not have any info about me or my account on it, also a second affidavit of debt from OC Claiming all 3 account numbers used in statements from them was for the same account, again nothing protaining to me or account in Question

any help or info, about what they really need to show they own this account would be great Thanks

Also In interrogatories, I asked if they had the Original signed loan agreement or Credit card Application, they answered no it had been Destroyed

honestly i dont see them going after the co-signer if this is the case. they already lost to you, have stated that they dont have the proper proof to prove it, and they know if they would take your co-signer they would loose too scince they dont have the proof. but then again stranger things have happend. but i dont see this happening in this case unless they can magicly poof back the proof.

what proof, do they need to show they owe my account ????

let me ask you this, why was your case dismissed, they must not have had the proper proof to provide to the court that the debt was yours right? and what was thier excuse for not having it?

it has not been dismissed yet,

Quote:

they have provided me a affidavit of debt from the OC, 5 copies of old statements your saying that's proof enough for them to win the case????

Originally Posted by figures2000 [URL="http://www.debtconsolidationcare.com/forums/showthread.php?p=492382#post492382"][/URL]
if my case is dismissed with prejudice, Can they then go after my cosigner????


I Stated if, because if they end up sueing my co-signer, maybe I should try and settle

Thanks

if they are your old statements, that have your name and account number on it then yes. and you may want to keep in mind your co-signers credit is at stake here to if your not making payments its effecting thier credit too. they are probably recieving calls also

I have not made any payments on this account in over 4 years, this account is no longer owed by the OC, Cach is claiming to own the account, so they only need this proof to win, How do I know they even really own the account and have the right to collect on it???

Before I try to Settle, What would be considered Proof that Cach Owns my Account from the OC and they have the right to collect from me the Amount Owed

Thanks for your Help

have you checked into the statute of limitations in your state? in my state is 4 years it varies so if that time is expired they cant take you to court. they can pursue you and still call and harrass you and the co-signer but if your sol has expired thats the end.

Hi, no the SOL has not passed, it has been about 4 years, SOL here is 6 years

My Def will be I have no Business relationship with the Plaintiff, The Plaintiff has yet to provided me with Sufficient documentation of a Assignment of the Alleged Debt

Thanks