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Suing original debtor or debt collector after civil case

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latigo

Senior Member
What is the name of your state (only U.S. law)? Idaho

I am being sued by a debt collection company for a debt that is not mine. If I lose the civil case can I sue the original debtor or collection agency in small claims court to recover what I lost in the civil case?
Let me see now. . . if you lose the lawsuit and have to pay the judgment, you hope to be able to turn around and sue the judgment creditor to recover what you paid?

Seems like a good way to keep money in circulation as the judgment creditor (now the judgment debtor) could in turn sue you for winning your lawsuit.

May I ask what "Homer Simpson" escapade inspired that logic?

Incidentally, you are going to lose the lawsuit!
 


Hellsbells

Junior Member
They will be able to prove the debt is yours.

Imagine if you were rushed to the ER; they would run a battery of tests without your authorization, right? You'd be responsible for those tests, too.
FYI: Debt is gone as of yesterday late afternoon. Had an attorney call their attorney requesting proof of debt. Only thing they could produce was an invoice. My attorney told them that anybody can produce a invoice with a computer and Microsoft Office and that there needed to be a signed contract for which they did not have. They requested I release my medical records to them to prove the debt, which of course I refused. Without the records they agreed to drop the lawsuit and stop perusing this debt.
 

TigerD

Senior Member
FYI: Debt is gone as of yesterday late afternoon. Had an attorney call their attorney requesting proof of debt. Only thing they could produce was an invoice. My attorney told them that anybody can produce a invoice with a computer and Microsoft Office and that there needed to be a signed contract for which they did not have. They requested I release my medical records to them to prove the debt, which of course I refused. Without the records they agreed to drop the lawsuit and stop perusing this debt.
I don't believe you.

TD
 

Proserpina

Senior Member
I agree - this OP is full of it. I hesitated to call him a liar when he said that he "called HIPAA", but I'll do it here...this OP is a liar.
Oh, I didn't hesitate. He's a liar, and he clearly has NO idea what he's talking about.

He's not even lying skillfully; I know 10 year olds who can come up with more compelling falsehoods.

(ps .. please let me know if I should delete this and have someone else post the exact same thing under their account instead. Because, y'know ;) )
 

quincy

Senior Member
Well, hells bells. If you can't trust a poster to tell the truth, whom can you trust?



(Are you being unfairly targeted with post-deletions, Pro? You have mentioned this several times now.)
 

Proserpina

Senior Member
Well, hells bells. If you can't trust a poster to tell the truth, whom can you trust?



(Are you being unfairly targeted with post-deletions, Pro? You have mentioned this several times now.)
( It's more of a fun game of "Oh wait, YOU wrote that common sense advice? Then I must attack!")
 

quincy

Senior Member
( It's more of a fun game of "Oh wait, YOU wrote that common sense advice? Then I must attack!")
I have been followed by an "attacker" who objects to what I write, too, so I think I know the feeling.

Ah, well. Life in a sometimes-dysfunctional forum family is bound to get rocky at times. :)
 

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