Can plaintiff file suit again after not appear the 1st time

Submitted by candacourier22 on Sun, 06/19/2011 - 23:02
Forums
Credit repair

I have a lawyer suing of behalf of a collection agency. First suit was 8 months ago-never served me papers. Second suit was 04/2011-plaintiff never showed for court date-case was dismissed. They refuse to validate the account they are suing for. They provided a norarized form, saying they purchased the debt from the original collection agency that was listed on a failed bankruptcy I filed in 2009. This form appears to be bogus. Now he is suing me again.

sallynachelle

You haven’t mentioned what kind of debt you have. Anyways, you can again make a written request to the CA for a debt validation letter. If they don’t reply, then forward them a C&D letter. After that, if they are still trying to contact with you, then file a complaint against them to the State Attorney General or FTC. Keep on checking your credit report from time to time.

Mon, 06/20/2011 - 09:58 Permalink
carol1 (not verified)

Thanks for the advise. I have sent numerous letters for validation. He says he doesn't have to, as he is using a failed bankruptcy case info from prior year. He says he bought the debt (credit card) from the creditor listed in the failed bankruptcy. He has furnished a notarized doc from creditor listed in bankruptcy-saying they sold it to him. I don't buy it. The main issue is he (the lawyer representing collection firm) failed to appear for the last time they sued me 04/2011. Case was dissmissed. Now, I know if I had failed to appear, they would have won if they had shown up. Can they sue me again, under a new case number, after failing to appear the last time they sued me. Thanks

Mon, 06/20/2011 - 13:29 Permalink