Pursued Twice for the Same Debt? Assert Your Rights Immediately!

Double Garnishment After Judgment Satisfaction: A Case Study

Client problem 

After a default judgment and a full wage-garnishment payout, our client thought the matter was closed. Three years later he received a second garnishment notice—same creditor, different law firm—for almost the identical amount.

Timeline

Year 0: The creditor served no papers, yet still secured a default judgment. They immediately began wage-garnishing our client until the entire balance was paid.

Year 3: Three years later, a different law firm—acting for the same creditor—sent a fresh garnishment notice for almost the identical amount.

Within two weeks: We stepped in, documented that the judgment had already been satisfied, and compelled the creditor to withdraw the second garnishment.

Outcome

• Case closed in under two weeks

• All improper collection activity stopped

• Client reimbursed for fees withheld after the judgment was already satisfied​

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Can a creditor get two judgments for the same debt?

Legally, no. Once a court decides a case, Res Judicata (“the matter is settled”) bars any repeat lawsuit on that debt. But paperwork errors can let a duplicate case slip through.

How duplicate judgments arise:

If nothing is done, each lawsuit can end in a default judgment—leaving you with two enforceable judgments for one balance.

Your defense strategy

1. Act fast. As soon as you spot a second suit, gather the first case’s docket, judgment, and proof of payment.

2. Raise Res Judicata. In your answer or motion, argue that the issue was already adjudicated.

3. Move to vacate. If the court has already entered a second default judgment, file a motion to vacate it.

4. Consult a debt-defense attorney. Duplicate-judgment cases are winnable, but deadlines are short and procedures vary by county.

Bottom line: Two judgments for one debt violate fundamental due-process rules. With prompt action—and the right legal arguments—you can usually wipe out the duplicate case entirely.

What New Yorkers Should Know When Dealing with Creditors

In New York, creditors (or people working for them) can't:

• Collectors may not reveal the debt to your employer unless you have signed a wage-assignment or a court has issued an income-execution after judgment.
• Threaten to do something they usually wouldn't or can't do.
• They cannot add interest, fees, or costs unless the credit contract or a statute expressly allows those charges.
• Make it seem like they're part of the legal system or a government agency.
• Bother you or your family too often or at strange hours.

From Lawsuit to Garnishment: 3 Points to Know

• If faced with a debt collection lawsuit, ensure you respond personally or through an attorney to safeguard your rights by the specified date.
• Private creditors generally need a judgment to garnish, but certain government creditors—such as the U.S. Department of Education—may garnish wages administratively without going to court.  
• While many federal benefits are protected from garnishments, there are exceptions like delinquent taxes, child/spousal support, or student loans. Social Security and VA benefits are protected from most private creditors but may be taken to satisfy certain federal debts; federal student-aid funds are normally applied to tuition rather than garnished.

Dealing with Aged Debts: The "Statute of Limitations"

• Although debts don't typically vanish, there's a limited time for collectors to sue you, known as the "statute of limitations." Once this period expires, the debt becomes "time-barred."
• The length of the statute of limitations varies depending on the debt type and relevant state laws. In some states, acknowledging or making a payment can reset this timer.
• Suing—or threatening to sue—on a debt after the statute of limitations has expired violates the FDCPA and exposes the collector to civil liability., they might still contact you, depending on state regulations. If you want them to stop, send a written request and consider using certified mail for record-keeping.

For a list of 50 other types of debt-collection violations, click the below:

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Quiz Questions (Pursued for the Same Debt Twice)

4. What legal principle prohibits bringing up a new case for a previously decided cause of action? A. Double Jeopardy B. Res Judicata C. Due Process D. Habeas Corpus

5. What action is a creditor NOT permitted to take against a debtor in New York before securing a court victory? A. Sending a letter of demand B. Discussing the debt with the debtor's family C. Disclosing the debt to the debtor's employer D. Imposing additional fees beyond the owed amount

6. Upon facing a second lawsuit for the same debt, what is the essential first step? A. Immediately settle the debt to prevent legal consequences B. Contact the creditor to negotiate a deal C. Compile all documents related to the original debt and its settlement D. Publicly protest against the creditor's actions

7. If you're sued twice for the identical debt, whom should you seek advice from? A. A bankruptcy lawyer B. A debt consolidation agency C. A consumer rights attorney D. The court clerk

8. Before garnishing wages or bank accounts, what must creditors legally secure? A. A debtor's confession B. An arbitration award C. A judge's signature D. A court order/judgment

9. Which of the following is generally safeguarded against garnishment? A. Bank savings B. Social Security benefits C. Personal assets like jewelry D. Rental income

10. What does making a payment or acknowledging an old debt do in certain jurisdictions? A. Clears the debt immediately B. Restarts the statute of limitations C. Decreases the debt by half D. Transfers the debt to a new creditor

Answer Key 

4. B. Res Judicata
5. C. Disclosing the debt to the debtor's employer
6. C. Compile all documents related to the original debt and its settlement
7. C. A consumer rights attorney
8. D. A court order/judgment
9. B. Social Security benefits
10. B. Restarts the statute of limitations

If you are in a similar situation, call The Langel Firm today at (888) 271-7109 or complete this intake form.