Legal Question in Credit and Debt Law in New York
Can I be sued twice?
I was sued by a law firm representing American Express for an unpaid balance. On the second & third court date, an attorney from the firm did not show so it was thrown out. This was 2 years ago.Today, I received a suit from a different law firm seeking money from the same case. This dollar amount has not been on my credit report and AMEX has since issued me 2 new cards. Can they be successful with such a suit?
2 Answers from Attorneys
Re: Can I be sued twice?
They can re-sue you if it was dismissed WITHOUT prejudice.
How old is the debt? There is a 6 yr SOL with some exceptions. Feel free to Email the details to me at: [email protected]
Re: Can I be sued twice?
Yes. A dismissal for failure to appear usually does not prevent the creditor from starting over. Since there has been no determination on the merits of their case, the law allows them to resue as long as the statute of limitations has not run. (they have 6 years to sue from the date you incurred the debt). Don't ignore the summons!
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