Legal Question in Credit and Debt Law in Alabama

I sued in Georgia for a bad debt, the debt collector never showed up and I won the case, but with the clause with out pregudis. Now the debt has been sold again and another debt collector is sueing me. My question then becomes, can they do this and how do I challeneg this? I finacially cannot afford to file bankruptcy to stop all this madness.

thank you


Asked on 12/05/11, 5:51 am

1 Answer from Attorneys
John Watts Watts Law Group, P.C.

If the lawsuit in Georgia was dismissed without prejudice, this normally means you can be sued again and the collection efforts can begin again.

But this does not mean you have protection.

The collector must still follow the Fair Debt Collection Practices Act (FDCPA) if this is a consumer (non business) debt.

Where are you being sued?

Who is suing you?

How much?

Some of the collectors (debt buyers) who sue rarely bring proof to court.

You may also be able to sue the collector if it has broken the law.

Get with a consumer lawyer in Alabama (or Georgia if sued there) and see what your options are.

Definitely do NOT wait too long and get a default judgment. Take action while you still have time.

Best wishes

John Watts

Birmingham, Alabama

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Answered on 12/14/11, 4:15 am


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