2 judgments from same account... Can they??

[patchen777]

What is the name of your state? Virginia

Hi, I would so very much appreciate any advice on resolving this. I had judgment placed on me in 5/03 and it is still valid in that county. Company that placed the judgment then sold it as a collection of this account to another collection company in 6/03 and they have placed another judgment on me for the same account in a different county. Are they able to do this and what can I do to resolve? I have tried to resolve this for over a year. First company says they can't find the judgment and have changed hands twice since original judgment. Second company says it was sold to them as a collection as they do not purchase judgments but place their own like they just did now in 8/05 and placed a garnishment summons on my bank account (by the way that was done by a 3rd company that they contracted out). I am going to court next week in hopes of an exemption but really need some advice prior to that. Each company continues to give me the run around and refer me back and forth. I have offered them a settlement but it was rejected. Oh yeah and the account that they have on hold does not have any money in it so they won't be getting anything from that anyway.
Thanks so much for any help!!

 

[JETX]

Hi, I would so very much appreciate any advice on resolving this. I had judgment placed on me in 5/03 and it is still valid in that county. Company that placed the judgment then sold it as a collection of this account to another collection company in 6/03 and they have placed another judgment on me for the same account in a different county.

Why didn't you answer the second lawsuit with a defense of the first??
In any case, are you POSITIVE that two suits have been rendered against you... and not just an 'Abstract of Judgment' filed in the second county??

Contact the second court and file a 'Motion to Dismiss' citing the first judgment and 'res judicata'. The second court will set a hearing on the matter, and if they agree that two separate judgments on the same matter were rendered, will likely vacate the second one.

By not taking care of this in a timely manner, you have allowed it to become a complex issue that will likely require your hiring a local attorney to resolve for you.

 

[Ladynred]

And just for clarification - "res judicata' is the civil law equivalent of 'double jeopardy' in criminal law - you can't be tried for the same crime twice - and you can't be sued for the exact same debt twice.

You might also want to get copies of the judgment case files from BOTH courts, just for your own information and to know what the full story is.

 

[patchen777]

Looking much better now!

I am happy to report that a very nice clerk at the county and with the replies that I received here, I have filed for an exemption yesterday and a motion to rehear this morning. The clerk placed it on an emergency basis since she said the company on their own with the information I had given them should of removed it themselves. They combined my hearing together for next Tuesday morning and I have been told that the judge will most likely dimiss it right away if the company has still failed to pull it. Now, I just will have to get advice on if I pay this company that has the second judgment, how will they be able to get rid of the first judgment. I am also filing a dispute with the credit report agencies so I don't stay in double jeporady. Thank you so much for the responses.

 

[JETX]

Now, I just will have to get advice on if I pay this company that has the second judgment, how will they be able to get rid of the first judgment.

And therein lies your problem. Only the OWNER of a judgment can file a 'Satisfaction of Judgment' with the court. If you pay the second judgment, the first judgment will remain. That is why you MUST get one of the judgments dismissed..... then pay the other (remaining) one.

 

[patchen777]

Sorry to be a pain BUT.....

OKay, the company still is refusing to pull it on their own so I guess I am stuck waiting till court on Tuesday. From all I understand, there will be no reason that the judge will not dismiss it. The company that filed the 2nd one is trying to get answers from the company that sold it to them. If they get the results I have in contacting that one with the 1st judgment, they will find that the comp. says the judgment does not exist even though we know it does. They insist it was only a collection and they have no record of the judgment that is filed nor do they care because the name it is under was purchased by them and dumped 2 years ago. Any idea in the end how this may play out? Can the first company keep their 2nd judgment by the first one saying they don't have it even though we have the court docs on it? There is no abstract of judgment now but is that something they will persue even though I don't know exactly what that is? Am I dreaming if I am praying that the second company will just be legally out of luck and I am back to working with only the first company even though they don't realize they have this judgment? Thanks so much for your time and patience! I truly appreciate it and after this one, I have one more to deal with that will probably be more of a nightmare..... Lessons learned! At least I can walk away with that.

 

[JETX]

Any idea in the end how this may play out? Can the first company keep their 2nd judgment by the first one saying they don't have it even though we have the court docs on it? There is no abstract of judgment now but is that something they will persue even though I don't know exactly what that is? Am I dreaming if I am praying that the second company will just be legally out of luck and I am back to working with only the first company even though they don't realize they have this judgment?

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