My husband is being sued by a credit card company, who has since turned the account over to a lawyer. After re-scheduling the court date, he recently received a notice from the court that the disposition has been withdrawn. What does that mean? Does he still have to go to court? Can the lawyer or credit card company re-sue him?
Answered on: 6/06/11, 4:48 pm by Rachel Hunter
I would have to see the order from the court to know. Generally, if the lawsuit was dismissed by the court WITH PREJUDICE, that means that no legal action can be re-filed. It the lawsuit ws dismissed WITHOUT PREJUDICE then it can be re-filed provided the statute of limitations has not run. If the order does not use the words "WITH PREJUDICE" then the order is treated the same as if it said "WITHOUT PREJUDICE" and the lawsuit can be re-filed.
Are you sure that the case was dismissed? Lawsuits can be voluntarily dismissed. However, that would be very unusual in a credit card case unless the debt as settled in some way.
Maybe it was something else, such as where the trial court entered an order erroneously and then withdrew the order that was wrong. In such case, the lawsuit would still be alive. Your husband never has to go to court at all unless he intends to defend the action.
I don't know what has been done in this case since the complaint was filed. If you husband wants to litigate, there are lawyers specializing in credit card defense - here is a link to one attorney that I know of who handles credit card defense on a statewide basis:
http://www.gregartim.com. He was at Law Guru but I am sure there are other lawyers as well.
If your husband has no defenses at all (statute of limitations, identity theft and the like) and would like to resolve the debt outside of litigation, I give free consults via email. I also can resolve this debt for a reasonable fee. Who is the creditor? Who is the law firm representing the creditor? I have worked with many of them and I have been able to resolve most debts for an average of between 50% and 80% of whatever the balance is at the time the debt is resolved. If your husband does not have the funds right now, he should save up until he does. However, it would help to know what your husband owns as I also can provide him with advice as to how to protect his assets.
If he is interested, have him contact me at email@example.com.
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