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Credit card case-motion to vacate denied

Long story short- AMEX credit card debt from X husband, went to court lawyer was 1/2 late, finally shows up and judge asks us to try and work it out. I made the atty an offer and was told that he didn't have the authority to approve it. Judge scheduled a later court date. Went back to court approx. 4 mo the later, credit card lawyer doesn't show up. Judge orders "judgement dismissed". 3weeks later Credit card lawyer files "motion to vacate", Back to court, judge denies motion. I raise my hand to ask the judge a question and he says "don't push your luck, you won". Two months later credit card lawyers starts calling again demanding payment. I'm confused, did I win or not? According to the court clerk even though the judge denied motion to vacate, the credit card company can continue to take me to court regardless and forever. Other than the original judgement dismissed, I didn't receive anything from the courts after.

I thought that once the motion to vacate was denied, the case couldn't be brought back to court??

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Submitted Wed, 05/03/2017 - 09:38

First off, do you still have this credit card and have you made any payments on it? The credit card company has up to six years from the last payment you made in order to sue you on the debt. If they sued you and got a judgement, and then the judgement was dismissed, they may not be able to sue you again for the same debt. It completely depends on whether the judges order dismissed the case with or without prejudice. If it was dismissed with prejudice they cannot sue, but in this situation on a dismissal for failure to show up/technical reasons, it was most likely not, meaning they can re-bring their suit. Also, if you make a payment, that renews the agreement and you can be sued again. The fact that it was dismissed may give you more leverage to negotiate a settlement now that they don't have a judgement in hand and would have to pay an attorney to start over again to sue you.

Also, pursuant to debt collection laws, you can tell them affirmatively you don't intend to pay the debt and to stop calling and they have to. If they continue to call, you may have claims against them.

Atty. David Owens

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