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Sued twice for the same thing

Discussion in 'Homeowners Associations & Boards' started by Sharon Hall, Nov 18, 2019.

  1. Sharon Hall

    Sharon Hall Law Topic Starter New Member

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    Jurisdiction:
    Georgia
    The judgement states 2016 Plaintiff agrees not to take any collection or enforcement against Defendant or levy the judgement as long as payments are made. Paid in full in 2017.
    Now 2019 being sued again for the exactly the same thing
     
  2. army judge

    army judge Super Moderator

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    Your defense is "res judicata".
    The matter has been settled.
    You paid in full.
    You appear in court with PROOF the judgment was "satisfied".
    If things are as you recite, the plaintiff will receive a hot, juicy, non-fat NOTHINGBURGER.
     
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  3. adjusterjack

    adjusterjack Super Moderator

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    By the same plaintiff or a different plaintiff?

    You would be wise to get a complete copy of your case file from the first judgment.
     
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  4. Sharon Hall

    Sharon Hall Law Topic Starter New Member

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    By the same Plaintiff
     
  5. Sharon Hall

    Sharon Hall Law Topic Starter New Member

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    I have it
     
  6. adjusterjack

    adjusterjack Super Moderator

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    If you have been served a summons and complaint you file an answer raising the previous judgment and agreement as an affirmative defense and move for dismissal with prejudice.
     
  7. zddoodah

    zddoodah Well-Known Member

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    Cool story. Do you have a question?

    When you called the plaintiff's attorney to ask why he/she was suing you for something that was already adjudicated, what response did you receive?
     

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