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Can a debt collector take you to court for the same debt twice.

Milwaukee, WI |

I went to court in 2012 for a credit card debt and the court agreed with credit card company and a judgement was entered against me and a lien was put on my home and all court fees were added. Now the debt collector send me a letter stating that they are/could take me back to court because I haven't paid anything towards the debt and interest is being charged on the debt. A $4000.00 debt is now $6000.00. I am on a fix income and they won't work with me on reasonable payment.. Can they do this.

Attorney Answers 3


They cannot sue you again because they already have a judgment. However, the judgments due accrue interest and the creditor can collect the interest in addition to the original judgment.

First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy. We also do other stuff and we do it well, but Congress wants me to post this notice. Second, nothing on this site is legal advice. You are not my client unless you enter into a written agreement signed by you and me.

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The creditor cannot sue you again, but it can have a hearing on your ability to pay the debt by garnishment. So, depending on your current financial position the creditor may be able to get a garnishment. You need to consult with an attorney to understand your options.

Disclaimer We are a debt relief agency. We counsel people regarding their debt. When appropriate we help protect our client's rights by filing under federal bankruptcy codes or state amortization statutes. The information contained herein is provided for general information purposes only and is not intended to convey a legal opinion nor legal advice for any particular case or situation. This information does not represent a complete discussion of all the issues relating to the area of consumer debt. Since every individual's factual situation is different, independent legal advice regarding specific situations from a licensed attorney is advisable. Do not rely solely on the information contained in this web site. I am licensed to practice law only in Wisconsin; therefore the information contained in this site may not be accurate for persons located outside of Wisconsin. The material and statements in this web site do not create, and are not intended to create, an attorney-client relationship, and no one in this firm is agreeing to represent you in any legal matter. If you are already represented by an attorney, then no attorney or employee of this law office can speak with you nor provide legal advice to you without the consent of your attorney. Accordingly, if you are already represented by an attorney, please do not contact our office without your lawyer's consent.

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Yes, obtaining the judgment against you is only the first step in the collection litigation process. Next, the creditor has many options for enforcing the judgment, unless you put a stop to this process either by filing bankruptcy or by paying the judgment in full along with 12% interest. As you noted, the judgment has already created a lien against your home. However, if your home is paid for, their next step is likely to be either attempting to foreclosure that lien (leading to your potential eviction and sale of your home) or they may choose to obtain your bank account information from you via a supplementary examination, so that they can also seize any funds (via garnishments) which you do not properly protect in your bank accounts. You therefore desperately need to discuss this scenario with an experienced bankruptcy attorney if you wish to remain in your home or protect your other assets. If you do not cooperate with their information gathering process, the collector can even attempt to have you held in contempt of court, which can lead to possible jail. Again, however, a bankruptcy filing will end all of this. Please do not assume that I am your attorney because of my response here. Call my office in Racine (262-633-3090 or email for clarifications, but short of such additional arrangements, I will not be taking any action on your case. See me on the web at, or view over fifteen years of my past answers at, as well as past AVVO answers at Answers may contain attorney advertising materials.

My answer here does mean that I am representing you, so be sure to consult your own attorney before deciding on what you should do, or contact my office at 262-633-3090, 333 Main St, Racine, WI 53403, during business hours if you desire formal representation. See me on the web at, or view over 15 years of my previous answers at answers may contain advertising materials.

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