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Just Jae · Mar 12, 2007, 09:46 AM

I am currently awaiting a trial date for a Spiegel account which is being rep. by C&S law firm, the judgment was vacated. And I keep getting calls from W&A re: the same debt.

I told them it was currently in court, sent them the paperwork and they STILL keep calling! Is this legal?

ScottGem · Mar 12, 2007, 09:49 AM

If you tell them to stop calling and only contact you via mail, then its illegal. However, its not illegal for them to contact you. It could be that C&S sold the debt. You should be demanding proof thet they have the right to try and collect.

Just Jae · Mar 12, 2007, 09:57 AM

So even if C&S and I are currently in court and the orig. debt is to a different company these firms are just rep. that company. Another firm and call be to collect on a debt that is currently in court?

ScottGem · Mar 12, 2007, 10:26 AM

The thing is, if C&S sold the debt then that cancels any court action.

Just Jae · Mar 12, 2007, 10:39 AM

Originally Posted by ScottGem

The thing is, if C&S sold the debt then that cancels any court action.

But C & S was the one who got the original judgement so when I did an answer they received it and on 2/07 this year they attached my account. Now two weeks ago I started to receive calls from W & A by this time I was already in court with C&S who appeared agree to vacate and has now submitted an answer to oppose my order to show cause and I am awaiting a hearing date set in June. But in the meantime How can another firm be calling to collect the SAME debt?

ScottGem · Mar 12, 2007, 10:42 AM

I don't know. Have you asked W&A why they are trying to collect?

Just Jae · Mar 12, 2007, 10:46 AM

I did and they are like oh we had referred this to C&S but now its ours and we have a judgment but C&S is the one who established the judgment and it was since vacated.

It just doesn't seem proper or legal that a firm can collect on a judgement that is currently active in the court system -