laura1km

Sued by different lawyer - Already got Dismissal With Prejuduce

Recommended Posts

Back in 2012, my mother was sued for an old Credit card that was charged off in 2001 (opened in 1995). We went to court to prove that it was past the statute of limitations for debt in Michigan which is 6 years. The case was dismissed with prejudice, but today she got a phone call from a different collections attorney saying that she was being sued again for the same account but that the account was opened in 2007 and that the last payment was in 2010 (they said she will be served this week).  It's the same credit card number, I talked to the person on the phone myself.  So, I guess my question is what should we do now? Can this new attorney sue her again even though she was sued in 2012 and it was dismissed with prejudice?

I mean, they are obviously lying about the dates too. She has the original card still and old credit reports as proof. Plus the bank where they are saying the credit card was opened closed in 2004.  I even told the guy on the phone that he's past the statute of limitations based on his false information.

It's all pretty fishy.  My mom is freaking out about it. Just need some advice so I can ease her mind.

Share this post


Link to post
Share on other sites

Wait to see if she gets served first. There are organizations that are scamming people by claiming they are about to be served when they are not. I would not worry until service is effected. You can check to see if a case is filed in the courthouse but they might file late in the week.

  • Like 1

Share this post


Link to post
Share on other sites

It might be a scam, but if it is a legitimate collector, there are FDCPA violations galore here.  I would suggest contacting a consumer attorney.  This clueless or corrupt collector could be paying you.  I have used this firm for FDCPA violations, with success (they do practice in Michigan):

 

http://www.fairdebtcollectionhelp.com/

  • Like 1

Share this post


Link to post
Share on other sites

Ok. They already gave me the case number but it's possible that it was made up. They did call up every member of our family today to reach her, which I found odd since they never attempted to contact her or mailed her anything about it (they said they did, but they didn't). I will wait to see if they serve her with papers, but I am guessing we are going to have to contact a lawyer on this one. Thanks!

Share this post


Link to post
Share on other sites

That is sounding scammy . . .  the scams often use bogus case numbers.  And like to make threatening calls to people.

Can you check your local courts (they often have online dockets you can search) to see if a lawsuit has actually been filed?  

 

  • Like 1

Share this post


Link to post
Share on other sites

We live in a small town and our courts don't have online info and the courthouse is closed right now. I will have her call tomorrow. They did have all of her info and the card number though, so I am inclined to believe that it's real especially since they didn't ask for anything, no money or anything.  But, you never know.

Share this post


Link to post
Share on other sites

95% sure this is a scam.  Anyone can look up past court records and grab information like the card account number from those records.

If they call again, tell them you would like to meet them at the nearest police station so that you may accept service of their papers.  I bet they hang up.  If it is real and you are served, then call a consumer attorney in your state and explain everything to them.  They will probably file a lawsuit against that collector so fast their head will spin.

  • Like 1

Share this post


Link to post
Share on other sites

Well I had her call the courthouse this morning and they said that this case number isn't one that they would use, so I am pretty sure it's a scam. Seemed pretty fishy. 

Watch out for this type of thing.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.