Collection Judgement

[CynnCynn01]

What is the name of your state? Oregon.
My husband had a credit card debt from a few years ago and today I found out from my Credit Union that his account and my joint account were drained of all of our savings because of a Judgment. The only problem is that we didn’t know that there was a judgment against us. If there is a judgment- dont you have to go to court or get served papers? The Credit union said all the papers were in order so they took all the money. Is the Collection company in the right?

[Leinalani]

Originally Posted by CynnCynn01

What is the name of your state? Oregon.
My husband had a credit card debt from a few years ago and today I found out from my Credit Union that his account and my joint account were drained of all of our savings because of a Judgment. The only problem is that we didn’t know that there was a judgment against us. If there is a judgment- dont you have to go to court or get served papers? The Credit union said all the papers were in order so they took all the money. Is the Collection company in the right?

For the banks to drain your accounts, they would have needed legal documentation stating that there was a judgement against you. The only way the credit card companies could have gotten a judgement was if there was a claim against you. You were probably served at one point or another but didn't react to the claim.

If they won Judgement by Default, that would mean that the CC had been in court and you hadn't shown up so the Judge ruled in their favor. It also means that they have proof that they did serve you papers legally. This varies by state but could potentially just mean that they mailed you a letter CRRR. All they would need to bring to court is the return receipt and it's all legally been served.

I think if you go to your court's website they might have the judgement online for you to view. If not, call your local court clerk's office (CC have to file claim in your county, state, etc.) and see if you can get a copy of the judgement.

At this point they have a right to take your money without letting you know about it. They probably couldn't find where you worked so they went after your bank accounts. Try to find out actually how much they have a judgement for and how much they took from your accounts. If there's still an outstanding balance, they have the right and will, take more later on. And the reason your joint account got drained even though it's your husband's debt is because he has his name on the account.

Also, have him check any other accounts, his employer and any property he might have in his name to see if there's any leins or levys on those.

Hope this helps...