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

Asked about 1 year ago - 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)

  1. Edward W. Harness

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . 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... more
  2. Jay K. Nixon

    Contributor Level 14

    1

    Lawyer agrees

    Answered . 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 nixon@execpc.com) for clarifications, but short of such additional arrangements, I will not be taking any action on your case. See me on the web at www.jayknixonlaw.com, or view over fifteen years of my past answers at http://www.lawguru.com/answers/search/attorney/..., as well as past AVVO answers at http://www.avvo.com/attorneys/53401-wi-jay-nixo.... 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... more
  3. Carl H Starrett II

    Contributor Level 16

    1

    Lawyer agrees

    Answered . 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.... more

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