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judgement notification

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rmcnellis

Member
What is the name of your state? montana
i would also be interested to know if you must be notified that a collection agency is obtaining a judgement against you. shouldn't you have the chance to dispute the collection/judgement against you, particularly if you had no knowledge there was a collection against you? what if a collection agency had a certain debt shown against you, but it was a mistake (like you have a name/social security # similar to someone else or the creditor falsly reported the debt) and then it went to collection, but you never got the notices and then they got a judgement against you and were able to debit your bank account for the amount owed? what the heck do you do then?
 


Ladynred

Senior Member
i would also be interested to know if you must be notified that a collection agency is obtaining a judgement against you.
You'd be notified by being served a summons and required to file an Answer to the Summons and go to court. If you are not served, yet they get a default judgment because you didn't show up in court, then you could possibly challenge the service of the summons and get the judgment vacated.

shouldn't you have the chance to dispute the collection/judgement against you, particularly if you had no knowledge there was a collection against you?
YES ! The right to dispute ANY debt is guaranteed to you in the FDCPA. A collection agency MUST notify you of your rights to dispute the debt (Read the Act !)


what if a collection agency had a certain debt shown against you, but it was a mistake (like you have a name/social security # similar to someone else or the creditor falsly reported the debt)
Like I said you have the right to dispute the debt with the collection agency AND with the Credit Bureaus. You write the credit bureaus and dispute the debt as 'not mine' , they MUST investigate. Same with the CA - they MUST PROVE that the debt is yours and you tell them in a letter that you do not believe the account is yours. You don't tell them why, you just say 'its not mine, so show me some proof'. This is called Debt Validation. You should go here:

www.creditinfocenter.com and read up on debt validation and how it works.

and then it went to collection, but you never got the notices and then they got a judgement against you and were able to debit your bank account for the amount owed?
My answer above about how you'd know about a judgment applies here. If they get a default judgment, you can challenge it based on improper service, or, in your case, they sued the wrong person. You can appeal it. You can always call the courthouse and find out if any judgments are on file, and if so, you can get a copy of the papers and the proof of service.

If your bank account gets garnished in the meantime, you can appeal the judgment and if you win, you get your money back.
 

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