Gerda J asked:


finance problems, non payment of outstanding debt on credit card for 3 years plus, what are my rights is there a prescription period for debt as financially i am still unable to make te payments, and bank is demanding payment. Should i liaise with them and discuss my financial position or where do i stand, can they legally still sue me after this period, as they have only just contacted me after three years of non contact?

Pyratas asked:


Hi there,

I had a alleged credit card debt that is about 4 months to SOL. A third party purchased the debt and sued me. I hit them really hard in discovery and they had filed and entered “Dismissal w/o prejudice” just before the trial date.

Are there any motions I can file to try to change this to “Dismissal WITH prejudice?”

If so, is it wise to do so, in fear that they have an easy opportunity to re-serve me a new summons before the SOL? (In the assumption that by filing a motion I would have to be present in a Law and Motions hearing)….

Thanks for any advice!