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dylatess
dylatess, Attorney
Category: Legal
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Experience:  37 plus years representing clients with their legal issues
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Creditor recorded abstract of judgement against me early this

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Creditor recorded abstract of judgement against me early this year. I recently discovered that the account sued upon had a payment protection plan. The plan provider recently wrote to me stating that they had made a mistake, and made a small payment towards the account balance. Can I reopen the case or sue the plan provider?

Hello and thank you for your question. For over 34 years I have answered questions just like yours. And I look forward to assisting you.


Thanks for your question. Note that you have two separate legal matters. First, the creditor wants to get paid and does not care whether or not you had insurance as they look to you for payment. Therefore, if you do not pay, they will enforce the abstract which could result in loss of property.

But a separate matter is the insurance company. If they were to provide you with a payment protection plan, and failed to do so, they are are in breach of their contract with you. As such, you can sue them and seek reimbursement.

Fiinally, you cannot reopen the case with the creditor as it has already gone to the abstract stage and a judgment has already been entered.

Customer: replied 3 years ago.

Thanks. Your reply leads to another question. Do I sue the creditor & the plan provider? The creditor (Citibank) introduced plan provider (Accountcare).

yes you do on the legal theory of agency as the plan provider is the agent for the bank. Good question.

dylatess, Attorney
Category: Legal
Satisfied Customers: 5145
Experience: 37 plus years representing clients with their legal issues
dylatess and 6 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

So, in my lawsuit, which will be under small claims, could I ask them to satisfy their own judgment against me!?

I see the other expert opted out but I will try and assist.

To ask them to satisfy their own judgment would be a much, much more complicated case than you should try and handle yourself because it requires a Petition for Declaratory Judgment, an Application for Affirmative Injunction, as well as the normal lawsuit.

If you want to hire a lawyer then this isn't a bad route to go but if you are doing it yourself it would be much, much easier to just handle it in the settlement agreement by asking them to pay the judgment and asking the other company to agree to an order voiding the judgment.

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