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Expert: Creditwrench - 5/24/2008


Question
A lawyer from NCO has filed a suit against me for old credit card debt. I was already sued for this same debt two years ago; I fought it; the attorney dropped the case and it was dismissed.  Can another attorney do this again?
Also, I just received a check from a class action suit filed against NCO. Can they come back and file suit against me anyway?

Answer
A lawyer from NCO has filed a suit against me for old credit card debt. I was already sued for this same debt two years ago; I fought it; the attorney dropped the case and it was dismissed.  Can another attorney do this again?

Yes, they can do that. So now you have to fight it again. But what about
the statute of limitations? Could the debt now be beyond the SOL?

What argument did you use back then? Maybe it will work again and especially if you get the same judge. You might also use Res Judicata this time. That should be presented as an argument regardless of any other defenses you might be able to use.

Also, I just received a check from a class action suit filed against NCO. Can they come back and file suit against me anyway?

I really can't answer that last question because the answer would depend on why they lost that class action lawsuit.  

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Creditwrench

Expertise

Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience

I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.

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