Legal Question in Credit and Debt Law in Georgia

I was sued in a magistrate (small claims) court 18 months ago by a lawyer representing a debt collection agency; they did not appear and the case was dismissed. I have not been contacted since until 2 weeks ago.

I am now being harassed by a new lawyer from a different state for the same debt. Is this legal?

Also, this debt collector is phoning my neighbors, my place of employment, and my ex-husband to pressure me to pay....


Asked on 3/30/11, 2:42 pm

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

There is nothing generally wrong with another collector (or lawyer) attempting to collect. As far as "harassment," many people consider it harassment when they have failed to pay their debts so long that a creditor has to hire a lawyer or collector. There is an easy way to stop it, or to keep it from happening in the first place.

As far as calling others, that may or may not be OK depending on what the collector said.

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Answered on 3/30/11, 2:48 pm

First, while I am very sympathetic to debtors, you are not being "harassed." The creditor has a legal right to collect the debt, provided that the statute of limitations has not expired or there are not other grounds barring collection of the debt. So yes, it possibly is legal for another law firm to contact you, depending on the facts.

That said, the debt collector (or law firm masquerading as one) does not have a right to speak with your neighbors or employer about this debt and this is a violation of federal debt collection law.

I am curious, was the first lawsuit dismissed "with prejudice" or "without prejudice"? It is important. Dismissal of a lawsuit "with prejudice" means that there is no way that anyone can sue you in regard to the prior debt. If the suit was dismissed "without prejudice" it means that a new legal action can be instituted. If you are in Georgia, this can only be done by a Georgia-licensed attorney.

I do not know any of the details which I would need to give you better advice. Please feel free to contact me via email for a free consult.

Admitted in Georgia, Pennsylvania & North Carolina

email:[email protected]

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Answered on 3/30/11, 2:52 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You didn't tell us whether the case was dismissed with or without prejudice. That affects your rights now.

Some of what you said may be improper and can be stopped with a lawyer.

Feel free to contact me in follow up.

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Answered on 3/30/11, 3:20 pm


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