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is it legal to have been filed against twice in a 2 weeks time

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A

aconsumer

Guest
What is the name of your state? ca
is it legal for a company to sue me in small claims for medical services, then one week later serve me again this time jointly with my spouse who had NOTHING to do with the medical service? Neither case has gone to court yet but the dates are 7 days apart.
First case me only. Second case served (by a different lawyer for the same company) naming me and spouse. Is this legal?
What is my recourse if it is not legal?
We plan to send a check for the service (which by the way I still dispute if it was legit it wopuld have been covered by insurance unfortunaly the insurance co is now bankrupt so I have no recourse with them) before the court date but I want to know what recourse I may have for the double filing.
Also I was told that the collection agency had no legal right to file in small claims at all. I don't really belive this but would like to know if it is true. any help would be appreciated.
 


BL

Senior Member
If you are going to pay it , pay it.

Send both lawyers a letter, with attached proof of payment. You should also include their filing fees, interest Etc.

Request they withdrawl the case(s) from court , and notify you of it.

Contact the clerk before your court date(s) to verify if in fact the case(s) have been withdrawn.

If not go to court w/ your proofs of payment(s).

End of story if your payments are good .
 

JETX

Senior Member
"is it legal for a company to sue me in small claims for medical services, then one week later serve me again this time jointly with my spouse who had NOTHING to do with the medical service?"
*** Yes.

"Neither case has gone to court yet but the dates are 7 days apart."
*** Once the first case is completed (and if the cases are based on the same claim), simple defense against the second is called 'res judicata' (the civil equivalent to 'double jeopardy').

"First case me only. Second case served (by a different lawyer for the same company) naming me and spouse. Is this legal?"
*** Yes. But I would contact the second attorney and let them know that their 'client' is double-dipping by assigning the same claim to two attorneys.

"What is my recourse if it is not legal?"
*** Not relevant. See above for handling the second case.

"We plan to send a check for the service (which by the way I still dispute if it was legit it wopuld have been covered by insurance unfortunaly the insurance co is now bankrupt so I have no recourse with them) before the court date but I want to know what recourse I may have for the double filing."
*** Send the payment. It is possible (likely?) that they will not accept it unless it includes additional costs (legal fees, filing, etc.). Make sure that you note it for payment in full of all claims.

"Also I was told that the collection agency had no legal right to file in small claims at all. I don't really belive this but would like to know if it is true."
*** Without further information, it is POSSIBLE that they would not have 'standing'. Simply, they would have to be the owner of the debt to do so.

However, if this is a simple 'debt collector assignment', they would not be able to pursue the claim in the small claims court per Ca Code of Civ Proc, §116.420:
"(a) No claim shall be filed or maintained in small claims court by the assignee of the claim.
(b) This section does not prevent the filing or defense of an action in the small claims court by (1) a trustee in bankruptcy in the exercise of the trustee's duties as trustee, or (2) by the holder of a security agreement, retail installment contract, or lien contract subject to the Unruh Act (Chapter 1 (commencing with Section 1801) of Title 2 of Part 4 of Division 3 of the Civil Code) or the Automobile Sales Finance Act (Chapter 2b (commencing with Section 2981) of Title 14 of Part 4 of Division 3 of the Civil Code), purchased by the holder for the holder's portfolio of investments, provided that the holder is not an assignee for the purpose of
collection."
 

JETX

Senior Member
"is it legal for a company to sue me in small claims for medical services, then one week later serve me again this time jointly with my spouse who had NOTHING to do with the medical service?"
*** Yes.

"Neither case has gone to court yet but the dates are 7 days apart."
*** Once the first case is completed (and if the cases are based on the same claim), simple defense against the second is called 'res judicata' (the civil equivalent to 'double jeopardy').

"First case me only. Second case served (by a different lawyer for the same company) naming me and spouse. Is this legal?"
*** Yes. But I would contact the second attorney and let them know that their 'client' is double-dipping by assigning the same claim to two attorneys.

"What is my recourse if it is not legal?"
*** Not relevant. See above for handling the second case.

"We plan to send a check for the service (which by the way I still dispute if it was legit it wopuld have been covered by insurance unfortunaly the insurance co is now bankrupt so I have no recourse with them) before the court date but I want to know what recourse I may have for the double filing."
*** Send the payment. It is possible (likely?) that they will not accept it unless it includes additional costs (legal fees, filing, etc.). Make sure that you note it for payment in full of all claims.

"Also I was told that the collection agency had no legal right to file in small claims at all. I don't really belive this but would like to know if it is true."
*** Without further information, it is POSSIBLE that they would not have 'standing'. Simply, they would have to be the owner of the debt to do so.

However, if this is a simple 'debt collector assignment', they would not be able to pursue the claim in the small claims court per Ca Code of Civ Proc, §116.420:
"(a) No claim shall be filed or maintained in small claims court by the assignee of the claim.
(b) This section does not prevent the filing or defense of an action in the small claims court by (1) a trustee in bankruptcy in the exercise of the trustee's duties as trustee, or (2) by the holder of a security agreement, retail installment contract, or lien contract subject to the Unruh Act (Chapter 1 (commencing with Section 1801) of Title 2 of Part 4 of Division 3 of the Civil Code) or the Automobile Sales Finance Act (Chapter 2b (commencing with Section 2981) of Title 14 of Part 4 of Division 3 of the Civil Code), purchased by the holder for the holder's portfolio of investments, provided that the holder is not an assignee for the purpose of
collection."

For more, go to:
http://www.courtinfo.ca.gov/forms/documents/sc150.pdf
 

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