Day after day does it seem like the debt collectors are constantly calling? Do you dread answering the phone? Well, the Fair Debt Collection Practices Act (FDCPA) was approved in 1977 to protect you from those abusive ways. The overall goal is to promote debt collection in a fair way along with providing a way for consumers to validate the debt to begin with. The FDCPA sets guidelines in which debt collectors must conduct business. If they do not abide by the rules set forth there are penalties they will face.
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Dismissed with Prejudice
Have you found yourself in the middle of a lawsuit on to find that it has been dismissed? The real question you should ask is that dismissal with or without prejudice? If you are the plaintiff then and the case is dismissed with prejudice then you will not be able to file another claim.
There may be another option you have that can be discussed with your council. Most defendants are very pleased with a verdict of dismissal with prejudice because they know that more than likely the chances of being sued again will not happen.
Dismissed without Prejudice
So there you are suing your neighbor over a fallen tree that was in their yard but fell on your garage. The case gets dismissed without prejudice and your neighbor is not happy. What does this mean for you?
When a case is dismissed without prejudice it gives the plaintiff another chance at suing the defendants. It is important to know all your rights as a plaintiff or defendant when it comes to with or without prejudice. There may be instances that retrying a case may not be an option!
Double Jeopardy
In the US there is a Clause to the Fifth Amendment to the United States Constitution called Double Jeopardy. This clause will prohibit that anyone be tried twice when it puts into jeopardy their life or limbs.
There are a lot of “if this”, “then that” scenarios when it comes to double jeopardy. If you are unsure of the circumstances of your trial, if double jeopardy or prejudice is terms regarding the fate of your future is be sure to ask your lawyer. They should be able to help you decide the next best path forward.
What are your choices?
You find your case is dismissed with prejudice, but yet the debt collectors are still calling you? You have rights and that does pertain to the collectors calling your phone, verbally abusing you and make threats. You have the right to not be harassed or threatened thanks to the FDCPA. Although you will find the occasional debt collector that could give two hoots about how much they call, when they call or how mean they are to you, most collectors will abide by the regulations set in stone.
The FDCPA has a well-established history of allowing consumers time to provide the documented information to the creditors that otherwise would continue to call. No matter your situation, how far in debt you may be or how many collectors are calling you let them know that you are covered by the FDCPA and you will not tolerate it!