I was sued by an unlicensed debt collector Norfolk Financial Corp.,who has a business in Massachusetts. I was originally sued in Small Claims Court and got a Judgment of Dismissal. This was May of 2008. I am now being sued again by the same debt collector on the same debt in Civil Court. Till this day, they have still not validated the debt is mine and I am 100% sure it is not.
It is my understanding that by originally filing is Small Claims Court that the debt collector waived their rights to bring this claim in any other court. I also believe that they would have had to first, have the judgment vacated from Small Claims Court to continue the lawsuit and then motion to transfer to civil docket. Also I believe it to be true that they waived their right to a jury trial by filing in Small Claims.
In the Small Claims suit they said I owed $2,000 which includes interest and fees per the original agreement from January 2005. During that time they sent me letters saying I owed over $3,000 and could settle before the court date. Now they say it's $1,932.25 plus interest from January 2005, attorney fees and collection fees.
Should this case be thrown out or is this legal what they did?