Legal Question in Credit and Debt Law in Georgia
I have a Dismissal for Want of Prosecution order from Gwinnett County Court. It is for a medical bill and the collection agency filed a Motion to Withdraw as Counsel with the court. The day of the Bench Trial, I appeared but there was no one there to represent the doctor, so the judge Dismissed it for Want of Prosecution. Now a new collection agency is calling me trying to collect the same debt with additional interest. Can they do that or does the judgement stand? Exactly what rights do i have under this judgement? Is this considered harassment?
3 Answers from Attorneys
What judgment? All you mention is a dismissal - that is not a judgment. You did not win the case (though a dismissal may be a "win" to some extent). If the case was dismissed without prejudice, the creditor or collector may continue to collect or possibly file suit again. Obviously, if you owe the money the best way to resolve is to pay or settle.
Assuming a dismissal without prejudice, they can refile.
Was this a dismissal with or without prejudice? If the order says dismissed without prejudice then the creditor can always get a new attorney to sue you. If it says with prejudice, they cannot.
Regardless of how this was dismissed, it does not mean that you do not owe the debt. Thus, even if legally can no longer be sued upon, you still owe the debt and the collection agency can call you about it until you die as long as the debt collector does not violate the FDCPA.
That said, there is also no law which says that you have to pay.
It is kind of strange to me as to why their lawyer withdrew on the day of trial. Was this debt barred by the SOL? Or was this improper in some other way? Without knowing more facts, I would not just pay.
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