Expert: Apex Credit Services, LLC - 10/26/2008

Question
I answered a summons from a collection attorney a few months ago. I received a letter from the court earlier this month stating that the plaintiffs application for default judgement has been denied. Now The collection attorney has sent me a letter stating that they represent the plaintiff in the above referenced action (there is an account # and the court index # of the original summons and answer but no balance listed). They then state that this matter has a pending court appearance and to contact them to see if this matter can be resolved prior to court date.

Is this illegal for them to try to collect after their request for judgement has been denied? Is it illegal for them to tell me that there is a pending court date? I would love to sue them. Can you give me any information on how I would go about it?

Thank you very much for any advice you can provide!

Answer
Dave:

   It could be that their Motion For Default was simply denied while the action itself wasn't dismissed.  Moreover, perhaps the action was dismissed without prejudice and they are considering re-filing.  

   In any event, it isn't a violation for them to collect to attempt a debt under either above scenario unless you told them to not contact you or they "know" the debt is time barred.

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