MCM filed suit in Ramsey County, MN, with a local attorney, Messerli and Kramer PA, for an Associates credit card debt. The card had been stolen in March and the balance was transferred to my new card. They were trying to collect a balance on the stolen card. I appeared in court and provided evidence to the attorney from Messerli, showing that the card had been stolen and that the replacement card was twice the balance of the stolen card at that time. I also provided proof that the replacement card had been paid off. She agreed that this was sufficient evidence and agreed to dismiss the case.
I recently got a letter from MCM trying to collect the same debt. I called and informed them that the case had been dismissed and also faxed them a copy of the court docs. They them sent another letter (a settlement opportunity). I immediately called and they said that just because the case was dismissed, it didn't mean I didn't owe the money. They then said that since it was dismissed without prejudice that they wouldn't remove it from my credit report.
Since then I have learned that "without prejudice" means that they can sue me again after a year. I wasn't aware of this when I agreed to the dismissal.
Is it legal for MCM to still collect the debt after the dismissal?
Is there any way to change the ruling to dismissal with prejudice?
Is there any way to remove this from my credit report?
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