Can a bank file two judgments against me for the same loan?
Can a bank file two judgments against me for the same loan?
Generally speaking, a creditor would not be legally allowed to obtain two judgments against the same debtor for the same obligation; however, such situations sometimes arise due to errors in the collection process. If a creditor lost its paperwork relating to the judgment, or if it failed to accurately update the status of your account in its computer database, it could result in a lawsuit being filed twice for the same account. If you fail to respond to the second lawsuit, the court may enter a default judgment against you for failure to appear, as the court would have no way to know that the previous judgment was already issued.
If you have had two judgments entered against you for the same debt, it is likely that the creditor filed two lawsuits against you for the same account in error. As I stated, this situation can arise for several reasons. As an example, I have seen a creditor accidentally forward the same account to two law firms for collection simultaneously; both law firms filed suit, and had the debtor not responded, the court would have likely entered two default judgments against the debtor for the same debt. In order to resolve the latter of these two judgments, you may be able to file with the court a motion to vacate the judgment entered against you. If you can clearly demonstrate that these two judgments resulted from separate lawsuits for the same account, I would expect the court to vacate the more recent judgment.
If the creditor has filed a second lawsuit against you but has not yet obtained a judgment, you may want to file a response with the court explaining the situation and requesting that the judge dismiss the second legal action. Most U.S. courts recognize an established legal defense, Res Judicata, Latin for "the issue has been decided," which means that if a matter has already been ruled upon by an appropriate court, a new case cannot be brought for the same cause of action. To read more about this legal principle, you can visit lectlaw.com.
I encourage you to consult with an attorney in your area to discuss what action you can take to resolve the multiple judgments entered against you. Though you may be able to have one judgment vacated, you will still likely be responsible for the original judgment. I wish you the best of luck in resolving this legal problem, and hope that the information I have provided helps you Find. Learn. Save.
Best,
Bill
www.bills.com/
Did you know?
Mortgages, credit cards, student loans, personal loans, and auto loans are common types of debts. According to the NY Federal Reserve total household debt as of Q3 2023 was $17.291 trillion. Housing debt totaled $12.489 trillion and non-housing debt was $4.802 trillion.
According to data gathered by Urban.org from a sample of credit reports, about 26% of people in the US have some kind of debt in collections. The median debt in collections is $1,739. Student loans and auto loans are common types of debt. Of people holding student debt, approximately 8% had student loans in collections. The national Auto/Retail debt delinquency rate was 4%.
Each state has its rate of delinquency and share of debts in collections. For example, in Indiana credit card delinquency rate was 4%, and the median credit card debt was $395.
Avoiding collections isn’t always possible. A sudden loss of employment, death in the family, or sickness can lead to financial hardship. Fortunately, there are many ways to deal with debt including an aggressive payment plan, debt consolidation loan, or a negotiated settlement.
