Skip to main content

Can you be sued twice for the same debt from the same debt collector?

Baltimore, MD |

Just won my case against the debt collection company due to them not having enough information that they bought the account (i.e. billing of sale). So the ruling was for the defendant.

Attorney Answers 3

Posted

No. You get one "bite at the apple" so to speak. Great job !

Mark as helpful

2 lawyers agree

6 comments

Asker

Posted

Can they sell it to another debt collection agency who can than sue me ?

Robinson Sean Rowe

Robinson Sean Rowe

Posted

They are not supposed to, but it does frequently happen. Hope and pray that this happens to you because it is worth $ in your pocket :-)

Asker

Posted

Can you elaborate on that answer? Is it against to law for them and I can turn around and sue them?

Robinson Sean Rowe

Robinson Sean Rowe

Posted

It is against the law to attempt to collect on this debt. The problem you will see is that the current holder may sell to another and tell them it is a "valid" debt. You sue the buyer and the current holder and let them figure it out. Hopefully, this happens to you b/c you stand to make $. They cannot call you (your friends, neighbors, friends, family), write you letters, etc.

Asker

Posted

Thank you. Appreciate your help. Still a little confused. As another attorney is saying they can refile depending on the exact words of the judge.Would a updated case search help with where I stand with this for wording purposes.

Robinson Sean Rowe

Robinson Sean Rowe

Posted

Your post stated that you won in court because the opposing party could not prove ownership of debt... that means you went to trial, they tried to put on testimony, and the judge determined the testimony to be insufficient to prove ownership - which is an element for collections cases. If so, than you went to trial and won. "Res Judicata" applies, and you cannot be subject to that same lawsuit twice. If you're still confused, email your case info and I'll go over it with you.

Posted

Unless by "won" you mean the court dismissed, or allowed the creditor to dismiss, the case against you without prejudice. In that case they could re-file. Otherwise, a judgment in your favor is final, and establishes the legal bar of "res judicata" which bars further prosecution of the case anywhere.

Mark as helpful

2 lawyers agree

2 comments

Asker

Posted

The attorney didnt dismiss. He tried to stand his ground on the evidence (I.e. the bill of sale that he had) the judge response was I rule for judgement in the favor of the defendant since the info he had couldn't show proof

Mark William Oakley

Mark William Oakley

Posted

Great result. You're in the clear if no appeal is taken. Of course, the creditor may file an appeal within 30 days of the judgment. If this was a small claims action (under $5,000) in District Court, then an appeal is to the circuit court and the case is re-tried from scratch ("de novo") in front of a different judge, which could result in a different outcome. If the claim was for more than $5,000, then the appeal is limited to legal errors (not a disputed finding of fact). The case would not be re-tried in that instance, but the court would hear legal arguments on whether the district court properly applied the law.

Posted

I agree with my colleagues. However, I'll add that a judgment is not final until the appeal period has expired. Typically after entry of a judgment, there is a certain window of time which allow for an appeal.

DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.

Mark as helpful

1 lawyer agrees

2 comments

Asker

Posted

How long is the appeal period?

Brandy Ann Peeples

Brandy Ann Peeples

Posted

Usually 30 days from the date the judgment is entered on the docket. If post trial motions are filed, then the appeal period can be tolled.

Bankruptcy and debt topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics