Suing original debtor or debt collector after civil case

[Hellsbells]

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?

 

[LdiJ]

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?

Just prove that the debt is not yours and you should win the civil case.

 

[Zigner]

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?

(Small claims court IS civil court - just a different division.)

Are you asking if the following can occur? You get sued by Company A. Company A wins. You would then like to sue Company A for the amount you were determined to owe. Is that what you would like to do?

 

[Hellsbells]

(Small claims court IS civil court - just a different division.)

Are you asking if the following can occur? You get sued by Company A. Company A wins. You would then like to sue Company A for the amount you were determined to owe. Is that what you would like to do?

Sue either the debt collection company or the original debtor.

 

[Hellsbells]

Just prove that the debt is not yours and you should win the civil case.

Isn't the burden of proving the debt on the plaintiff and not the defendant? The original debtor in this case is an medical testing lab that I did not authorize. The order was placed with the lab by a doctor that I was seeing at the time. I had no knowledge the test was ordered. The doctor is the client to the lab, not me.

 

[Zigner]

Isn't the burden of proving the debt on the plaintiff and not the defendant? The original debtor in this case is an medical testing lab that I did not authorize. The order was placed with the lab by a doctor that I was seeing at the time. I had no knowledge the test was ordered. The doctor is the client to the lab, not me.

No, you're wrong. You were the client.

 

[Zigner]

Sue either the debt collection company or the original debtor.

If you lose, then you lose. You may have the opportunity to appeal, but not just because you don't think you should owe the money.

 

[Hellsbells]

No, you're wrong. You were the client.

How am I the client if I did not authorize the testing?

 

[Zigner]

Please don't start multiple threads about the same subject.

 

[Zigner]

How am I the client if I did not authorize the testing?

Check the paperwork you signed when you saw the doctor (dentist in this case.)

 

[Hellsbells]

Please don't start multiple threads about the same subject.

It's not a multiple thread on the same subject. This thread has to do with the a medical doctor and the other thread has to do with a dentist.

 

[Hellsbells]

Check the paperwork you signed when you saw the doctor (dentist in this case.)

I didn't sign any paperwork when I saw the doctor.

 

[Zigner]

You're not going to listen to anything here that you don't want to hear, so I'll just go back to the original question: Can you sue the doctor and/or the collector when the doctor and/or collector win a lawsuit against you? The answer is no.


Good luck to you.

 

[Hellsbells]

You're not going to listen to anything here that you don't want to hear, so I'll just go back to the original question: Can you sue the doctor and/or the collector when the doctor and/or collector win a lawsuit against you? The answer is no.


Good luck to you.

I am listening and appreciate your replies. I am assuming in the civil case the plaintiff would have to prove the debt is valid and that it was authorized by me. Would that be correct to assume? When they filed the complaint they did not attach a copy of any contracts, bills, etc.

 

[Proserpina]

I am listening and appreciate your replies. I am assuming in the civil case the plaintiff would have to prove the debt is valid and that it was authorized by me. Would that be correct to assume? When they filed the complaint they did not attach a copy of any contracts, bills, etc.

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.