Marz Posted February 10, 2012 Report Share Posted February 10, 2012 (edited) 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 February 10, 2012 by Marz Acquire lawsuit details Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted February 10, 2012 Report Share Posted February 10, 2012 Is the judgment satisfied and the debt paid in full? if it is he is going to have little to no recourse. Link to comment Share on other sites More sharing options...
BTO429 Posted February 10, 2012 Report Share Posted February 10, 2012 GAME OVER Link to comment Share on other sites More sharing options...
Marz Posted February 10, 2012 Author Report Share Posted February 10, 2012 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. Link to comment Share on other sites More sharing options...
BTO429 Posted February 10, 2012 Report Share Posted February 10, 2012 There is an appeal process for those kind of cases.I would not attempt that on my own though its gonna take a really sharp attorney. Link to comment Share on other sites More sharing options...
Marz Posted February 10, 2012 Author Report Share Posted February 10, 2012 BT0429I 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.. Link to comment Share on other sites More sharing options...
Recommended Posts