Legal Question in Credit and Debt Law in California

small claims

can a debt collection agiency file two suits against you for the same debt.

ie. file against me then one week later (long before it goeas to court) they file against both myself and my spouse who by the way has nothing to do with the medical bill in dispute. He did not recive services nor did he sign anything accepting liabilty.

I am disputing the validity of the debt. they do have a consent form signed by me that I do not recall having signed (I had suffered a stroke less than 4 days before signing said document) I do not recall the service nor do I recall signing the consent. I did suffer memory issues with said stroke. Services were preformed in the hospital (where I arrived unconsience) and my spouse did not sign ANT conset forms with regards to this condition.

Is it leagl for them to file 2 twice in small claim less than one week apart with me named in both? is it legal to name my spouse at all since he had nothing to do with the service?

this had been filed by a debt collection agency and court dates are scheduled 3/4 and 3/11. any inshight hewre would be greatly appreciated

Asked on 2/03/04, 5:33 pm

1 Answer from Attorneys

Larry Rothman Larry Rothman & Associates

Re: small claims

A collection agency cannot file in small claims court. You may have a good case against it. Please contact our office for review of you documentation and for consultation 714 363 0220.

Read more
Answered on 2/04/04, 10:35 am

Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California