Debt Collector

Discover Dropped Their Lawsuit But a Collector Wants the Money

Written by Steve Rhode

Question:

Dear Steve,

The Discover debt that I got sued for was dismissed by the court four years ago and now another collections agency that Discover sold the dept to is keep asking for me to pay them back.

How can I have this collection agency stop asking me for the money? Can I send them a letter with the court papers stating that the case was dismissed and they need to remove it from my credit report?

Shant

Answer:

Dear Shant,

I am not a lawyer, and for legal advice, you should absolutely talk to a lawyer that is licensed to practice law in your state.

What I can offer are some general life observations.

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Just because a case is dismissed often doesn’t mean that it can’t be brought again.

If the case was dismissed without prejudice it means they just gave up back then and took their ball and went home.

The bad debt was sold, and apparently, the new owner is coming after you.

But there are many unanswered questions, which is why talking to a lawyer would be a smart thing to do.

Just because a new entity is now suing you does not mean there are no challenges you can bring to court to terminate the suit. For example, can they prove you owe the debt, or has the Statute of Limitations expired on the debt?

These are legal arguments, and that’s why I strongly believe you should talk to a lawyer that can represent you. One place to find such an attorney is here.


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About the author

Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

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