What If?
Date: Sun, 05/18/2008 - 10:57
That is a violation of the fdcpa and you can sue the company who
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.
Oh really? Hmmmmmmm, I had no idea, I was just curious if the de
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!
hiya shaz-- technically it can be, but it isnt legal to do so
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....
The sale of disputed debt is not illegal.The illegal act occurs
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. :lol:
but cajun--this isnt disputed debt, its debt that was sued over
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?
A lawsuit dismissed with prejudice means the plaintiff listed ca
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.
I think the term you are looking for that is close to Double Jeo
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.