Legal Question in Credit and Debt Law in Alabama
Two court cases-ame debt in two states
I just found out that a law firm won a debt lawsuit for MBNA in Alaska has put a lean on my house and collected $1300 from my Alaska perminent dividend fund in 2007. Now a scavenger debt collector is taking me to district court in Alabama for the same debt. The debt is for the full ammount and has not considered that 1.3K has already been paid. What are the laws concerning this consideration. I am scheduled to appear in Court 27 Feb 09. Any help would be great. Thanks.
2 Answers from Attorneys
Re: Two court cases-ame debt in two states
They are not supposed to do that. You need a copy of the CERTIFIED judgment in Alaska. You might be able to sue the "debt buyer".
Get a lawyer BEFORE Court (not 1 week prior).
If you have questions please feel free to call. 205.752.4440
Randal Ford
Re: Two court cases-ame debt in two states
Unfortunately this happens quite often when one debt buyer sues on a debt and then a different debt buyer sues on the same debt. This almost certainly violates the Fair Debt Collection Practices Act (FDCPA) that governs debt collectors and debt buyers.
I assume you have already answered the lawsuit? If you haven't, please do so immediately so you do not receive a default judgment.
Do you have a copy of the lawsuit in Alaska and the judgment? Have you told the new debt buyer about it? Is the new debt buyer reporting this on your credit reports?
Here are a couple of blog posts and web pages that might help you.
http://www.alabamaconsumer.com/CM/Custom/FAQs-About-being-Sued.asp
http://www.alabamaconsumerlawblog.com/2007/07/what_happens_when_you_defeat_c.html http://www.alabamaconsumerlawblog.com/2007/03/first_critical_step_to_correct.html
Feel free to contact me if you have any questions or would like to discuss this by phone.