Judgement without notice?

[ladybugcrc]

What is the name of your state? TEXAS
A lawyer is collecting a $2,000 debt for Discover Card. I offered a reasonable settlement-they refused-verbally. I know their refusal can be to my benefit if it goes to court. However, the law firm doesn't have my physical address to serve me papers. ***Can this go to court without me having been served and can a judgement be made in my absence? Is my bank account or automobile in jeopardy? ***

 

[I AM ALWAYS LIABLE]

I know their refusal can be to my benefit if it goes to court.

MY RESPONSE: Really? Where did you get that tid-bit of fiction?



However, the law firm doesn't have my physical address to serve me papers. ***Can this go to court without me having been served and can a judgement be made in my absence?

MY RESPONSE: Yes. They can get an order from the court allowing publication of the Summons in a newspaper of general circulation, nearest to your last know address. If you don't respond to that Summons, the creditor goes to court and obtains a Default Judgment against you.



Is my bank account or automobile in jeopardy?

MY RESPONSE: Yes.


IAAL

 

[HomeGuru]

Thanks IAAL. Some people just have no clue.......

 

[ladybugcrc]

I was told by a former debt collection rep that my willingness to settle and their refusal would be taken into consideration if this goes to court...

I know their refusal can be to my benefit if it goes to court.

MY RESPONSE: Really? Where did you get that tid-bit of fiction? I was told by a debt collection rep that my willingness to settle an their refusal would be taken into consideration if this goes to court...



However, the law firm doesn't have my physical address to serve me papers. ***Can this go to court without me having been served and can a judgement be made in my absence?

MY RESPONSE: Yes. They can get an order from the court allowing publication of the Summons in a newspaper of general circulation, nearest to your last know address. If you don't respond to that Summons, the creditor goes to court and obtains a Default Judgment against you.



Is my bank account or automobile in jeopardy?

MY RESPONSE: Yes.


IAAL

 

[azgrandpa]

Ladybugcrc:

With advice like that I can understand why he is a "former" debt collector!

HomeGuru:

It's probably good for this site that we don't have a clue; don't you think?