Flyerfan Posted November 16, 2012 Report Share Posted November 16, 2012 Speaking with a friend of mine about my situation, she was sued for a debt she thought she owed, panicked and never answered the complaint. It, of course, went to a default judgment. Her wages were attached and the debt has since been paid. She realized, 6 months later (over a year after the complaint), that the debt was already paid prior to that through a consolidation loan to Citi.She has proof that it was paid to the original creditor before the complaint. Does she have any recourse against Citi for suing on a debt that was already paid off or is it too late and she learned a valuable lesson?The complaint was also by Citi. Link to comment Share on other sites More sharing options...
1stStep Posted November 16, 2012 Report Share Posted November 16, 2012 Yep - she could sue Citi for the amount she paid after they got the judgment... Link to comment Share on other sites More sharing options...
Flyerfan Posted November 16, 2012 Author Report Share Posted November 16, 2012 Yep - she could sue Citi for the amount she paid after they got the judgment...Thanks. I'll let her know. Best to hire an attorney for this as I'm sure you could also sue for attorney's fees? Link to comment Share on other sites More sharing options...
1stStep Posted November 16, 2012 Report Share Posted November 16, 2012 Along with unjust enrichment, conversion, fraud, lost wages, etc. Link to comment Share on other sites More sharing options...
Amerikaner83 Posted November 16, 2012 Report Share Posted November 16, 2012 Thanks. I'll let her know. Best to hire an attorney for this as I'm sure you could also sue for attorney's fees?Quite likely, yes. Her lawyer should have no trouble getting treble damages as well, for intentional and willful negligence on their part, for suing on a debt that they already got paid for. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted November 16, 2012 Report Share Posted November 16, 2012 Sure she can sue for that. However, the full burden is on her to prove it was paid. They no longer have to prove it was not paid because unfortunately she took the default. Link to comment Share on other sites More sharing options...
Flyerfan Posted November 16, 2012 Author Report Share Posted November 16, 2012 Got it. All she has is the case number at this point from the wage attachment sheet her work gave her. I guess she can go to the courthouse and pull the case files which will have their complaint, motion, etc? Link to comment Share on other sites More sharing options...
BrunoTheJDBkiller Posted November 16, 2012 Report Share Posted November 16, 2012 You can get the court file, but what she really needs is all the documentation that proves the debt was paid before they sued her. You say she has it, so this should be an easy one. Link to comment Share on other sites More sharing options...
Flyerfan Posted November 16, 2012 Author Report Share Posted November 16, 2012 You can get the court file, but what she really needs is all the documentation that proves the debt was paid before they sued her. You say she has it, so this should be an easy one.She also lives in Delaware. Did you suggest NY as that is where Citi is located?She knows that she took out a consolidation loan and paid Citi with it 3 years ago. I suggested she get the case file to see if they acknowledge that payment or not (assuming the last statement would be in there). Link to comment Share on other sites More sharing options...
BrunoTheJDBkiller Posted November 16, 2012 Report Share Posted November 16, 2012 No, that was my mistake, I edited that out. Citi is in South Dakota, they left NY in 1981. Link to comment Share on other sites More sharing options...
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