Professional Credit Collections, Inc. v. Smith

OP ALA, Justice.

We are asked to decide if, after a defendant’s success in vacating a default judgment against her, the plaintiff may — by voluntarily dismissing her as a party defendant in the action on an open account — avoid liability for her pre-dismissal attorney’s fees. We answer in the negative.

Professional Credit Collections, Inc. (PCC), as collection agent for a dentist, sued a formerly-married couple (David and Debbie Smith) to recover on an open account. When neither could be served personally, PCC resorted to service by publication and secured a default judgment. Mrs. Smith’s wages…