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Sued again after judgement by some else


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Background...husband co-signed w/ daughter on her car...it was repo'ed...a law firm got a judgement against her after a year or two. Our credit was trashed anyway and we were basically judgement proof. Now we have some one else maybe a JDB or it is a legitimate law firm coming after both hubby and daughter again. Can they really do that? Come after the co-signer after a judgement has been entered against the primary. They are also going after my daughter which was the primary. That makes me think they are a JDB. I am so totally confused.

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It looks like they are trying to collect on the original debt but I am not sure. It is the standard "we are trying to collect a debt letter" but the amount is about 1k higher. She said she was actually served at work by a police officer. She did not appear in court and allowed FMC to get a default judgement. There are no judgements from FMC on my husband's CR.

She came over today but she could not remember any of her passwords (they're at work) and I will run copies of her CR's tomorrow and let you know.

Thanx

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I would like to help you out but you haven't really given much to go on. There can be a couple of scenarios at work here.

It's entirely possible that another collector could be suing you for the same debt - it wouldn't be the first time that has happened - or - a JDB/judgment creditor could be attempting to enforce collection of the original judgment. Some post-judgment recovery methods have the look and feel of a lawsuit when it really isn't. The big difference is, if you're being summoned into court regarding a judgment and you don't show, you could wind up in contempt.

You need to look real closely at what's going on and figure out what's what. Go see a lawyer if you need to, but don't waste too much more time.

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You also must understand that a judgment accrues statutory interest at a rate that's set by state law. So, as long as the judgment remains unpaid, the balance is GROWING due to interest. Since it was a repo, the judgment would also include ALL the fees from the repo and subsequent sale of the vehicle, plus all court costs and attorney's fees - that can add up to $1000 and more !

They can't sue you twice for the same debt - my bet is on someone out to enforce collection of the judgment.

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