 |
|
| Browse | Ask | Answer | Search | Join/Login |
|
|
||||
|
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. |
||||
|
||||
|
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 |
||||
|
||||
|
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.
|
||||
| Question Tools | Search this Question |
Add your answer here.
Check out some similar questions!
I have a collection agency that has forwarded three private student loans to an attorney to move forward with judgment. The background on this is that I used a company to help me consolidate all my student loans about two years ago. I was under the impression that ALL of my loans, federal and...
We live in Louisiana. My fiancé was riding his bike when he was 17 and hit a garbage can and went into the road, although he had enough time to get over to the shoulder and look back to see the uninsured car go into the incoming lane and hit a truck head on. My fiancé was given a ticket on careless...
Who notify you of a judgment the collection agencies or the courts If entered
I have been threatened with a judgment from a bad credit card debt. I did try to work out a payment plan but they wanted to take it directly from my checking each month and I did not want them to have my account number. I wanted to send a cashier's check. I do not own my home and I am in...
I have judgment for 1400 on credit report. This amount was discharged in BK13 but my atty failed to make a motion to have it dismissed when at my hearing and hence, it remains on on my credit report. To get it satisfied, I apparently need to pay 1400 plus atty fees and interest from 2000. One...
View more questions Search
|
