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Can you sue after default judgment if you can prove it was a paid debt?


Flyerfan
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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.

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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.

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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).

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