4 responses

  1. Beverly
    April 6, 2017

    Hello, I live in California. I was sued by Synchrony Bank who bought debt from Care Credit. It was charged off in or about 2007 or 2008. Synchrony Bank states that I made a payment in 2014. At court I received a letter that my case was dismissed “without prejudice” in 9/21/2015. There is also a date on the letter 6/25/18 @ 8:30 a.m. for a hearing. I believe this to mean that I have to show up in court again. I want this to be dismissed “with prejudice” so that I can get this off my credit report before I move out of State. I would like to know how I can make this happen.

    Reply

    • John Watts
      April 7, 2017

      Beverly,

      I’m sorry I can’t help you with your California case. I simply don’t know the rules.

      You really need to get with a California lawyer (consumer protection) — it may be you are supposed to be in court or maybe not. I assume you are based on what you wrote.

      But how to get the case dismissed with prejudice? Your attorney can help you with that.

      Best wishes and sorry I can’t give you any advice other than talk to a lawyer in California.

      Thanks!

      John Watts

      Reply

  2. Lyn Froning
    December 16, 2019

    American Express filed two suits against me, one in 2015, which I lost; and one in 2017, which the judge dismissed without prejudice because AmEx couldn’t “find’ me to serve the papers. Both balances are now charge offs on my credit report. No one from American Express for either suit has ever contacted me to collect for the 2015 or to refile for the 2017. Are the charge offs legal? Is there a statute of limitations on either case?

    Reply

    • John Watts
      December 16, 2019

      Lyn,

      I’ll assume you live in Alabama — if somewhere else the rules can be different.

      In Alabama the judgment one can be collected at anytime in the ten years following the judgment — so that would be to 2025 if judgment was in 2015. After the ten year mark, they can get the judge to extend the time to collect the judgment for another ten years so that would be to 2035. And all this time it is making at least 7.5% interest.

      On the 2017 case that was dismissed withOUT prejudice, it is like they never filed it. So we look at the statute of limitations roughly from when the last payment was made. Then it is either 3 or 6 years (lots of controversy here about that).

      So it may be too late or they may still have time.

      They can report a charge off and really should report it 6 months after the date of last payment.

      If in Alabama give us a call and we can look up the cases and give you our thoughts on them.

      Best wishes

      John Watts — 205-879-2447

      Reply

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