Q: My mom has a judgemenu against her for a past case. She settled for a lesser amount, however they never filed the
Settlement paperwork, now they are trying to collect again, we have records of the transaction. Do they have any legal right to pursue her, if so what are my possible courses of action? I feel like this is extreme negligence on their part, because not only are they saying they never received payment they're saying that the prior settlement is null.
A:
This isn't a question that can be answered in this type of forum. There are too many variables and not enough information. However, it would be a good idea to take your documentation to a consumer lawyer for review. Depending upon exactly what occurred, whether the debt has been sold, whether she's dealing with the original creditor or a third-party collector and other factors, it's possible that one or more of the collectors may have violated consumer protection statutes in addition to your underlying issue.
*David Levin is the Partner in charge of UpRight Law's consumer rights litigation department. UpRight Law is a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is licensed in Illinois, Ohio and West Virginia, as well as several United States District Courts. He has 22 years of litigation experience, the last 18 of which have been focused on consumer rights litigation. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.
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