Hwarriors

Sued 2nd time for the same "debt"

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Greetings Everyone,

It seems the same suit as the one a few days short of 1 year ago which was dismissed without prejudice is coming to haunt me again.  It's from the same jdb - Midland Funding, but a different law firm this time.

 

What should we do... handle this as if nothing has happened and this is a first time law suit - answer it and wait to see what information they send us if it is the same or not? Is there anything you'd suggest that would be good to include in our answer?

 

Thank you in advance for taking the time to read and help.

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As long as it is now not past SOL they can sue again.

 

Why was it dismissed the first time?

 

It was for hardship.  It may be past SOL but it was because of hardship from the other law firm.

 

Is there anything we should include in our affirmative defenses?  Should we follow the same defenses as we did from the first one?  

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Was the Complaint the same as last time?

Did you have a thread about the suit last year?

Can you post the Complaint on here?

Also, if you answer these questions, the stronger members on here can better serve you:

1. Who is the named plaintiff in the suit?

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

3. How much are you being sued for?

4. Who is the original creditor? (if not the Plaintiff)

5. How do you know you are being sued? (You were served, right?)

6. How were you served? (Mail, In person, Notice on door)

7. Was the service legal as required by your state?

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

9. What state and county do you live in?

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

11. What is the SOL on the debt? To find out:

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

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