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Filing suit after default judgment


Marz
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Hello, I didn't see if this question was asked. Is it possible after a default judgment has been issued (and thus the amount collected) that you can go back and sue the JDB?

I have a friend (honestly I do,lol it's not me) who was telling about how he was sued and didn't answer the lawsuit (dumb). He says he doesn't recall being served and that the amount was exorbitantly more than what he owed (not surprising).

I told him that not knowing all the details of his case and assuming that violations such "proper service", "do they really own the debt" he may have a case. But I don't know if this applies AFTER they've collected from you.

This happened two years ago and I'm aware that FDCPA violations have a 365day SOL. But I thought I'd ask to be sure.

Thanks for the input.

Edited to add. I did ask him to go to the court house and get all things related to his case to review.

Edited by Marz
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Thanks for the replies. I'm asking because (and I could be wrong) and I'm generally speaking that I thought that if you acquire things by "illegal" means, someone can contest that.

ie.. Lets say I say you owe me $$ thousands for roofing work I did. I got to court to sue you. You don't show up, I win. I use that judgement to garnish your paycheck.

In actuality, I NEVER did any roofing for you and we never had a relationship.

Is it being said that in the above example "Joe Consumer's" who's check was garnished doesn't have any recourse?? I would think the example I described is akin to the above. Again, maybe I'm wrong.

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BT0429

I appreciate your reply. My friend lost $9K in this for a CC that had a balance of $5K. I definitely believe for that amount of money it's worth him pursuing this.

I did mention to him that I wouldn't totally feel comfortable doing this and I think he should get an attorney on this one. But I think if he can do some due diligence on his own prior to that, it would help.

Thanks..

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