Settled a debt, now being sued for the same account

[mandmun]

Hello,

 

So, my mom was being sued by Portfolio Recoveries a couple of months ago and she decided to settle. She has even made a few payments on the debt. Guess what? Same lawyers file another lawsuit against her. I received the papers today and when I take a look, I find that it's from the same lawyers, same junk debt collectors, same original creditors, same amount and same account number. What the heck? Are they serious?

 

They can't do that right? It's 8PM when it's delivered so calling the lawyers is a no go because they are closed. Convenient. How can they sue on the same account and everything after settling? Is that some kind of breach to her agreement? Oh man, what a mess. Anyone ever experienced this?

[kraftykrab]

Without knowing exactly what the settlement arrangement was, it's hard to tell what happened on this.  Although, generally, when they sue and the consumer settles, they often try to get it set up as a consent judgment.  That way, if you do not stick to the agreement, they do not have to sue again, they can just move right to garnishing, bank levy, or whatever remedies are available to them in your state.  

It would help to compare the original complaint, this new complaint, and the settlement agreement.  I'm hoping that whatever arrangements your mom made when she settled were put into writing.  How did the first case end?  Did they dismiss, or was there a stipulated agreement, or a consent judgment?  In the new complaint, did they make any mention at all about the first lawsuit or the settlement agreement?  

[CCRP626]

@mandmun were all the payments credited in a timely manner and did they match the agreed upon terms? Were any not paid on time?