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Won Summary Judgment, but...

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TeeJaeR

Junior Member
What is the name of your state?What is the name of your state? Georgia

My husband was wrongfully sued for a credit card debt that had previously been paid. The debt was sold to a series of debt collectors, and after being passed along several times, a small time collector sued him. My husband went to court with proof of payment and won summary judgment. Three months later, we received notice that the same collector had gone to court again, without our knowledge (in Georgia, the plaintiff is only required to send notification via regular mail, not certified mail, so he clearly did not send notification, so my husband would not show up in court the second time around). The plaintiff was awarded judgment against my husband, since my husband did not show up. My question seems obvious. Isn't this double jeopardy? This was the same case, with the same case number, and the same facts, as the case my husband had already won. What action can we take to fight this, hopefully without spending a lot of money, since the debt was paid as agreed, we followed all the rules, and we had already won this case?
 


MamaLuna

Member
Tayla said:
Submit an appeal.
In many states inorder to appeal you have to post a bond for the amount of the judgment.

I would look at your court rules. Look into doing a Motion to Vacate or Void Judgments. I would also look into estoppel.
 

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