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Re: I want to sue CA after CA withdrew Without Prejudice.


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Posted by Why Chat (209.240.205.61) on August 08, 2004 at 10:09:38:

In Reply to: I want to sue CA after CA withdrew Without Prejudice. posted by Get them Back on August 08, 2004 at 09:09:02:


Withdrawing is not always the same as a dismissal. Make sure the Court files show clearly that the case has been dismissed, get a certified copy of the order to dismiss, as the CRA's sometimes get the FILED but not adjudicated claims reported as judgments.

As to suing,well, if they withdrew upon notice of SOL in your filed answer to the lawsuit,there is NO grounds for a FDCPA complaint,if they withdrew after getting the notice of SOL which they received AFTER filing the lawsuit, there is even less reason for fiing a lawsuit against them.

The ONLY time you would have possibly have grounds for a lawsuit would have been if they had received the SOL letter, and THEN filed the lawsuit.

Which is why I tell people to send the SOL letter to any CA reporting or contacting them as soon as they are out of SOL.

Yes file an FTC complaint.


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