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Home > Money & Services > Bankruptcy & Debt   »   Summons on an old judgment?

 
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Old Sep 9, 2007, 03:12 PM
nyfly
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Summons on an old judgment?

I found out that not only did a collection agency sue me, they won on default because I never showed up. I never received a summons or even a letter requesting payment!! The judgment date was in February 2007.

My bank account was frozen by another collection agency for a different debt: again, without any letter or summons. When I went online to search the court records for info on this judgment (which I have a court date to vacate in two weeks), I learned that a third collection agency has issued a summons weeks ago for the same balance/debtas the agency in the first paragraph. Confused? Me too.

My question is: if one agency has a judgment against me, can another sue me for the same debt? if it helps, the agency that won has never attempted to collect on the judgment.

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Old Sep 10, 2007, 03:04 AM   #2  
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You have file the Motion to Vacate, now go to the clerk of the court and get copies of both of the judgments, i they ar the same , move to dismiss improper service and lack there of.

You cannot have two judgment on the same debt, one of the two is lying and you need to bring that to the court attention
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Old Sep 10, 2007, 08:10 AM   #3  
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Only the actual owner of the debt can sue. A collector can file suit on behalf of the creditor, but the creditor is still the plaintiff. Therefore, only one suit can be entered for a specific debt. If you have not been properly served, then you can file a Motion to Vacate on those grounds. However that may be only a delaying tactic as the creditor can refile.
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