The Langel Firm has recently been retained on several cases where consumers had been sued for the same debt twice. In one particular circumstance, our client had been sued without ever having been properly served, thus the creditor obtained a default judgment against him. Later, the creditor began collecting on the judgment by garnishing the consumer's wages. Because the consumer was aware of the existence of the debt, he did not fight the garnishment, as he believed it was his duty to pay it. (A quick note on this: don't let a wage garnishment/income execution go unchallenged! If your wages are being garnished, contact us today).
Fast-forward three years … that same consumer received yet another Notice of Garnishment from the same creditor, but represented by a different law firm. The consumer was baffled to receive yet another Notice of Garnishment from the very same creditor, for an amount that was $200 within the first debt amount. Wisely, he called us at The Langel Firm right away. We worked to unravel this second case, and are working towards having the judgment vacated on the basis that this judgment is premised upon the first debt, which the consumer was already paying off through the existing wage garnishment.
Not only is this grounds for dismissal of the second case, but the second collection law firm is in violation of local, state, and federal consumer protection laws relating to suing on the same debt twice. If you find yourself in a similar situation, call The Langel Firm today and let us assert your rights under the laws!
A final note about double lawsuits:
You should understand that there is a difference between a creditor seeking to collect on a judgment that resulted from a lawsuit, and a new lawsuit being filed against you.
If the first case against you was dismissed without prejudice, or was resolved pursuant to a settlement agreement that you failed to honor, the creditor may have a right to bring that same suit against you again. However, if the first case was filed and you either paid in full according to a settlement agreement, or a judgment was entered against you and you're still paying that judgment (whether by wage garnishment, or voluntarily), you cannot be sued again on that same debt.