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collin14 · Jun 30, 2009, 05:37 AM

I have been notified I am being sued for credit card debt. It is a low firn presenting Citicard. I have answered interrogatories to the law firm and the court. Then last
Week I received another letter from the same law firm but the co they were representing
Was a different co and not interrogatories anymore. Can they still go forward with this law
Suit even with a another company they are representing?

JudyKayTee · Jun 30, 2009, 06:14 AM

Are you saying the same law firm is representing Citicard and a second creditor and both Citicard and the other creditor are pursuing you for payment?

If so, yes, they can open a different law suit for every debt you owe. A law firm is not limited to one law suit per customer.

OR are you saying that it's the same debt being pursued by a different company/law firm?

collin14 · Jun 30, 2009, 06:26 AM

It is the same debt it just appears to be sold to a different co and the same law firm is
No representing this other co

JudyKayTee · Jun 30, 2009, 06:30 AM

If there is an "open" lawsuit on the debt a new lawsuit cannot be started by another company.

Send a letter to the Court advising that there are two lawsuits on the same debt.

WayTooMuch · Jul 19, 2009, 04:01 PM

Originally Posted by collin14

I have been notified I am being sued for credit card debt. It is a low firn presenting Citicard. I have answered interrogatories to the law firm and the court. Then last
week I received another letter from the same law firm but the co they were representing
was a different co and not interrogatories anymore. Can they still go forward with this law
suit even with a another company they are representing?

Quick question for you, how long was this account had been charged off (months, years)? Are you out of the Statue of Limitation period in your state?

ScottGem · Jul 19, 2009, 04:11 PM

Originally Posted by WayTooMuch

Quick question for you, how long was this account had been charged off (months, years)? Are you out of the Statue of Limitation period in your state?

The amount of time since chargeoff has nothing to do with a suit. The SOL is generally based on the last activity on the account.

SOL does not remove the obligation to pay, only the ability of the creditor to use legal means to collect it.

JudyKayTee · Jul 19, 2009, 04:51 PM

Originally Posted by WayTooMuch

Quick question for you, how long was this account had been charged off (months, years)? Are you out of the Statue of Limitation period in your state?

This is relatively immaterial - they can still attempt to collect. Statute is a defense to a lawsuit.

WayTooMuch · Jul 19, 2009, 05:01 PM

Originally Posted by ScottGem

The amount of time since chargeoff has nothing to do with a suit.

Correct, but I like to know how long it took the creditors to file a suit after a period of attempt to collect. I'm assuming the debt had been charged off already and then months or even years had gone by until the summon came.

Again, how long since the charge off did the original poster was served with papers?

Also, if the SOL has expired, then the original poster wouldn't need to worry about a thing now would they? Creditors can "attempt to collect" all they want, but it won't hold up in court so no worries (except for your credit scores).

ScottGem · Jul 19, 2009, 05:15 PM

Originally Posted by WayTooMuch

Correct, but I like to know how long it took the creditors to file a suit after a period of attempt to collect. I'm assuming the debt had been charged off already and then months or even years had gone by until the summon came.

Again, how long since the charge off did the original poster was served with papers?

Also, if the SOL has expired, then the original poster wouldn't need to worry about a thing now would they? Creditors can "attempt to collect" all they want, but it won't hold up in court so no worries (except for your credit scores).

As Judy said the issue of the chargeoff is totally immaterial. Different circumstances may dictate a suit sooner or later. There is no correlation and it has no bearing.

And the SOL having expired does not leave the debtor with no worries. The debt still exists and the creditor can continue to dun and try to collect. A debt is both legally and morally binding.