AboutJason Shear, Esq. Expertise I can answer questions relating to consumer debt defense/collection agency defense, specifically pertaining to consumers being sued or harassed by collection agencies or NY collection attorneys. If you live in New York and have been contacted or sued by firms such as: Mel Harris & Associates, Forster & Garbus, Rubin & Rothman, Mann Braken, Lacy Katzen, Malen & Associates, Solomon & Solomon, Thomas Law Office, Cohen & Slamowitz, Bronson & Migliaccio, Pressler & Pressler or others; give me a call at (716) 566-8988.
Experience I have successfully defended consumers who were sued by collection agencies/debt purchasers in the New York State courts.
Education/Credentials BA/BS, Accounting & Political Science, Hunter College.
Juris Doctor, Univ. at Buffalo Law School.
LLM (Criminal Law), University at Buffalo.
Question I recently was summoned to court for an outstanding credit card debt, the Judge ordered that both parties try and work it out in mediation before coming back to court. I sent letters requesting validation of the debt at mediation they still could not validate the debt so Plaintiff's attny asked to dismiss with prejudice. Two days later the court sent me the dismissal order for my records. Some have told me that they could still try and sell the debt to somebody else, doesn't this all end when the judge signed the dismissal with prejudice?
Answer Gary:
Good question. Yes, they can still sell this debt to another debt buyer. However, the Order dismissing the first matter with prejudice could get any subsequent lawsuit dismissed if the new owner of the account were to sue you. As such, be sure to keep a copy of the Judge's Order for your file. In addition, you can also use the fact that the matter was dismissed with prejudice to get the account removed from your credit reports because there was a judicial determination that you do not owe this account.
Hope this answers your question. If you have any follow up questions, please do not hesitate to ask.
