If a credit card company sues me and gets a judgment, what do I do if another credit agency or lawyer sues me again later for the same thing?
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If a credit card company sues me and gets a judgment, what do I do if another credit agency or lawyer sues me again later for the same thing?
I received a letter from a collection attorney and realized that it was for a debt that I’ve already been sued for and for which a judgement was entered against me. What should I do?
Asked on June 21, 2012 under Bankruptcy Law, Kentucky
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If they are trying to sue you again for the same debt, you have a couple of options. First, you need to make sure that you file a response in the new lawsuit and assert a defense call res judicata. This essentially means that this issue was already resolved in another lawsuit. If you don't answer, they could obtain a duplicate judgement against you. Second, if they are suing you again for the same debt, you may also want to file a complaint with the Attorney General or the FTC for abusive debt collection practices.
If the new collection agency is just trying to collect on the debt, but is not threatening to sue you, then you won't have the same remedies because until the debt is satisfied, they have the right to puruse any valid collection practices.
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