About John Hall Expertise Law school graduate, Juris Doctorate (J.D.) Degree; Over 25 years of
experience throughout the United States in bankruptcy law matters (Chapters 7, 11, and
13 of the United States Bankruptcy Code) primarily representing individual
debtors with consumer debt or small businesses; Experience has included all
aspects of debtor/creditor relations.
Experience FREE BANKRUPTCY HELP. If you are being sued, if your home is being foreclosed, or if you are being harassed by bill collectors, filing for bankruptcy may be a quick and inexpensive solution.. The mere filing of a bankruptcy will operate as a federal court order (it is called an automatic stay) to stop all bill collection efforts, including lawsuits that are pending or ongoing. Bankruptcy is a legitimate way to meet your problems with debt head-on. The bankruptcy law is designed to give you a second chance to make a new start without the psychological and financial burden of pressing debts that you are unable to pay. Depending on what state you live in and what your assets are, it is very unlikely that you are going to have to lose anything if you file for bankruptcy, and this is something that you can do immediately without having to pay the $500 to $1,500 attorney fees that most attorneys charge. Also, you might be surprised that you can file for bankruptcy and that it will not have the devastating effect on your credit that most bill collectors describe. Life is too short to have all this anxiety over losing your car through repossession, getting evicted from your home, or losing your home through foreclosure. Bankruptcy law was designed to give you a second chance. I will not charge you just to talk on the phone. Call me at 432 853-5711, or send me an email at j_h14@hotmail.com with your telephone number, and I will call you back.
Question What is unjust enrichment regarding credit card debt and how does it pertain to credit card debt in the state of Florida?
A suit was filed in Florida for a credit card debt but the case was dismissed for failure to prosecute. I was never notified and the collection co. took no action so the court cismissed the case.
The collection co has filed another suit for the same debt and added another count for unjust enrichment. Is this preclusion in Florida?
The debt is past 4 years since the account was closed by the credit card co. There has been no activity.
Answer Unjust enrichment is an equitable remedy/doctrine tha arises at common law and is applicable in some circumstances as an alternative common law remedy (alternative to the contract cause of action) as a matter of fairness (i.e,as a matter of “equity”). Basically, what they are saying is that even if there was not contract, as a matter of fairness they should be paid because it is not fair for you to get the benefit of the credit card without having to pay anything. Without knowing more facts here, this is not a major cause of concern. They have “equitable” remedies, you also have “equitable” defenses. However, you have to raise the issue properly in the pleadings to effectively contest this.
Is the creditor prohibited from bringing the present second case by collateral estoppel, issue preclusion, whatever name you want to put with it? Issue preclusion or collateral estoppel (which is roughly analgous to the situation in a criminal case where the government cannot try you twice for the same offense because of double jeopardy) applies where you have had identity of parties, identity of issues, and most important, a disposition of the first case on the merits. You don’t have that here because there was no disposition on the merits - as you state, the court dismissed due to failure to prosecute (ostensibly without prejudice to refiling, right?). Issue preclusion is not a good defense here.
What you do have are most likely successful issues relating to limitations and/or the equitable doctrine of laches. However, in both instances, your defense has to be raised properly and you have to request the dismissal of the case according to the procedures of the court. These are affirmative defenses and are not automatic. In fact, if you do not raise them properly, you will have waived them and they can hypothetically get a judgment against you. Not to worry though, it sounds like you have this case at under the circumstances you describe. I helped someone up in Jacksonville recently and was able to get a dismissal (with prejudice) based on limitations and laches. You are welcome to call me if you would like. I will not charge you just to talk on the phone. 432 853-5711 If you call, I can then explain your various options in more detail. I look forward to hearing from you if you should d
