What to do if my husband settled a debt years ago butit keeps getting bought and sold by different companies and now he’s being sued?
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What to do if my husband settled a debt years ago butit keeps getting bought and sold by different companies and now he’s being sued?
Can these companies continue to come after him for the full amount of the debt?
Asked on July 26, 2011 Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
This happens so often that it is almost the norm rather than the exception. Does you husband have proof that he settled the debt? A letter or satisfaction? A check showing payment? A final statement showing that it was paid off? He needs to show proof otherwise he can not substantiate his defense here, which is accord and satisfaction. He needs to answer the summons and complaint and file the answer in court. He needs to raise an affirmative defense of accord and satisfaction and he needs to try and come up with the proof. He also needs to request that the party suing him show a complete statement of account and a copy of the original agreement. This may help him. Good luck.
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