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