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IN debt collection law, can I be sued for the same debt twice
Indianapolis, IN
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Posted about 1 year ago in Debt Collection
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Sued twice for same debt:
I just received a summons that a collection agency is sueing me over a previous credit card debt. The name of the bank looked familar and after doing some searching I found that I was sued for this debt back in 2004. In that suit a judgement was placed against me, a garnishment was put in place and the debt repaid. Now another collection agency is trying to collect the debt again.
In my response to the present summons should I point out that I have already been sued for this debt, and had it repaid via a garnishment? I don't think I should have to repay this debt twice? Answers (3)
Gabriel Cheong
This attorney is licensed in Massachusetts.
Posted about 1 year ago.
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Note that I am not licensed to practice in your state. This is not intended as legal advice. Please check with an attorney in your state.
If this debt has been repaid, then you definately shouldn't repay it again. I would suggest, if you know how, to answer the complaint and file a motion to dismiss the claim. If you don't know how, then retain an attorney to help you with it. The reason this happens is because credit card companies sell their debts off after it's been long overdue. Sometimes they or the subsequent collection agencies sell it off to more than one company and this happens. 
Lu Ann Trevino
This attorney is licensed in Texas.
Posted about 1 year ago.
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You need an attorney to help file a counterclaim for this wrongful lawsuit. You should be able to get your attorney fees paid under the federal Fair Debt Collection Practices Act.
Margery Ellen Golant
This attorney is licensed in Florida and 1 other state.
Posted about 1 year ago.
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Unfortunately, this happens quite often. There are companies called "debt buyers" who buy debts from creditors for very little, then aggressively pursue the debtors. This process is not necessarily accurate, and it is not unusual for them to obtain debts that are invalid, time-barred or otherwise not what they seem. They get no file details, just pursue and then sue all debtors. If you are not careful, you may wind up with a judgment against you for a debt you may not owe.
There are attorneys who are knowledgable in defending against debt buyers and often will take your case without charging you up front. This can be very tricky. The National Association of Consumer Advocates (NACA) is a non-profit consumer advocacy organization. NACA maintains a web site at www.naca.net where it lists geographically consumer law attorneys all over the US. If you don't already have an attorney, please look there for someone in your area who can help you. Don't try to do it yourself. You may well have the right to recover damages as well as to defend this suit. You need an attorney who is knowledgable in consumer debt collection defense. |
