Expert: Ontrack Financial Group llc - 11/10/2008

Question
In 2000 a collection agency filed a lawsuit against my husband for credit card debt.  The lawsuit was settled, an amount was paid and a settlement agreement and release was signed.  Now, 8 years later, the same law firm filed an identical lawsuit for the same account with all the same information.  A hearing in county court is scheduled for Nov. 12.  The law firm sent a letter last week stating that the debt was paid in full in 2002, but they have not withdrawn the complaint.  I am a legal secretary and will draft a motion to dismiss, but my question is whether I can file something against the lawyer that has sued the same person for the same debt, realizes what it has done and has not dismissed the lawsuit.  I intend to file a complaint with the Bar Association, but wondered if I can ask for some sort of relief in my motion to dismiss.

Answer
Dear Mary Ann,

Thank you for your question.

You can file a counter claim against the attorney/law firm.

The debt collection attorney violated federal law, you're entitled to at least a $1000.00 award plus your attorney fees.

There are attorneys who are knowledgeable in defending against debt buyers and often will take your case without charging you up front. This can be very tricky. The National Association of Consumer Advocates (NACA) is a non-profit consumer advocacy organization. NACA maintains a web site at www.naca.net where it lists geographically consumer law attorneys all over the US. If you don't already have an attorney, please look there for someone in your area who can help you.

Don't try to do it yourself. You may well have the right to recover damages as well as to defend this suit. You need an attorney who is knowledgeable in consumer debt collection defense.


Best Regards,

Eddie Saleh  

Ontrack Financial Group llc