Expert: Jason Barnette, Esq. - 8/18/2009

Question
A judgment was entered against me by a creditor because I did not respond to a summons.  I instead called the creditor and they agreed to put me on a payment plan.  I have signed documentation in my possession.

I filed a motion to vacate the judgment along with a late answer, indicating that the payment plan preceded the judgment. There is a hearing scheduled.

I have since found proof I paid the debt years ago.  Can I file an amended answer explaining this?  Can they collect if there is no debt?

Answer
Jaqueline:

You should be able to apply the doctrine of accord and satisfaction within either the Motion to Vacate and/or Amended Answer/Motion to Dismiss.  You will need to check the local rules and rules of civil procedure in the venue and jurisdiction in which you filed.


Jason Barnette
Barnette Law Offices, LLC
1800 Hayes Street
Nashville, TN 37203
615-585-2245
http://www.barnettelawoffices.com