Collection Case Dismissed For Lack Of Prosecution

QUESTION: I had a debit collection case that was dismissed for Lack of Prosecution.

The case was dismissed for Lack of Prosecution. I had filed a motion to reinstate the case and the judge said he wasn’t going to reinstate. so the  debt was sold to another collection agency. This was the 4 or 5 law firm that has come after me. What can I do to get this off my credit report? The debit type is a private student loan and this loan is NOT a FFELP.

ANSWER: There are two different issues here: the matter of the lawsuit seems to have been resolved if the case was dismissed. I understand that you have concerns that another debt buyer will sue you for it again. That is possible, although unlikely.

On the credit reporting side, you are encouraged to send off a written dispute letter to the credit bureaus and to everyone who ever tried to collect this debt. You should list all of the reasons why you dispute the negative information on your credit report. The fact that you were sued (and that the lawsuit was dismissed for lack of prosecution) does not qualify as a good reason to remove the debt from your credit reports.

If you dispute the debt with the present collector (and every collector beforehand) then they are prohibited by federal law from communicating information about the debt to yet another 3rd party. All of your disputes should be handled in writing, sent by certified mail, return receipt requested.

This information is provided for educational purposes only. There is no attorney-client relationship with Karni Law Firm until a contract is signed by the attorney and the client.


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