[lisalisa996]

My question involves collection proceedings in the State of: IN

Hello. My mother received a claims summons (for answer) in the mail today as she is being taken to court over a CC debt from approximately 4 years ago that she is unsure is actually hers. Basics:

Plantiff: Capital One/Messirli & Kramer
Defendant: Lynda P Chandler (fictitious name for privacy)
Amount: $2800

After doing a state judgment search, we discovered a judgment was entered in January 09 against Linda Chandler (different spelling/no initial) in another county (which my mother has never lived in...nor the city/address listed in that case) approx 2 hours away by the same Plantiff & the judgment remains open/unpaid. As her last name is not common (ex. Smith, Johnson, etc) the timing and similarities seem almost too coincidental & we have reason to believe that debt is what is being brought against my mother.

My question is...is there any way to learn the details of that case beyond the basics to see if it is the same debt they are attempting to collect from my mother as we try to defend ourselves? Further, if they have just gone after any/all Lynda Chandlers hoping for a default judgment, can the judgment entered against that person with the same name be submitted as part of a defense to what they're trying to get from my mother?

[Mr. Knowitall]

Get the court file from the court where the prior judgment was entered, and see if it contains the information you need.

[lisalisa996]

Thank you very much for your reply Mr. Knowitall (and all of your replies in this forum, they have been very informative). I realize this may be an obvious question, but is the entire file public record & would you happen to know if the court file typically would include the accusations made by the plantiff against that defendent in the original case? Thank you again for your reply, I appreciate it.

[lisalisa996]

One more question...if it turns out it is the same case & a judgment has already been entered against that person, will that automatically negate the claim against my mother so the collection agency can't come after her again?

[aaron]

The court file should include any documents that were filed in the case. We don't know the detail that the plaintiff provided in any complaint or other documents filed. You can inquire with the court about access; in most courts if the file has not been archived, you can pretty much show up and look at it. If it's archived you may have to arrange in advance for it to be pulled from the archive. You'll have to check with the court.

If this debt has already been litigated to judgment between the same parties, it's possible to bring a motion with the court hearing the new lawsuit and point that out. If the judge agrees, the judge should then dismiss the new lawsuit.

[lisalisa996]

Aaron...thank you very much for the reply!