Legal Question in Credit and Debt Law in New York

Suing twice

In August 2003 I was served with a summons and complaint by a credit card company after there was a dispute and default on the account. I answered the complaint and the credit card company did not continue with the law suit.

6 months later I got a letter from an out of state law firm regarding this account. 3 months after that letter, I got a letter from a different NY law firm representing the same credit card company regarding the same account.

Can I be served with another summons and complaint if there is already one filed?


Asked on 8/31/05, 10:14 am

2 Answers from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Suing twice

Yup...but there are different ways to deal with that if and when it happens.

Feel free to contact me directly at 914-769-0796 that time if you need assistance.

Good Luck

RRG

Read more
Answered on 8/31/05, 12:16 pm
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Suing twice

You have to find out the status of the first lawsuit. Usually, when you respond to a summons and complaint without an attorney, the court schedules a conference before a Judge. If you did not file your answer with the court, there would be no way for the court to know you answered and therefore nothing would happen, unless the plaintiff tried to enter a judgment. If the original action is no longer pending, you can be sued again (you can be sued again regardless of whether another action is pending though you would have a "prior action pending" defense to the later filed action). The court will not allow multiple lawsuits to go forward, they will dismiss redundant actions, but you have to request that relief. Go to court and check out that first action.

Good luck

Read more
Answered on 9/01/05, 9:19 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in New York