If the court denied a judgement against me for credit card debt then 3 days later the collector resubmitted the exact same paperwork asking for a judgement, what’s next?

Asked on December 8, 2012 under Bankruptcy Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

For the same exact debt?  Same parties too?  The law does not allow that.  You should answer the summons and complaint and in the answer raise the "affirmative defense" of "collateral estoppel" if it applies. It is known as issue preclusion.   As long as the matter was considered fully litigated the first time and the plaintiff's request for relief was denied you should be fine.  Also ask for costs and sanctions. Good luck.

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