Old debt.
Question Details: I answered a phone call today verifiying my employment...I asked why and was told that it was to collect a debt from 1992. The current company American Acceptance LLC purchased the debt from the original company. They proceeded to tell me that since I was unemployed that they would proceed to go after my bank account. They also said that a judgement was granted in 1999 in Illinois,which I did not live. I was never served or notified of the court date or process they were taking. Today I went and got a credit report which shows no such judgement. How do I find out if I have a judgement and if I don't, what should I do? I currently live in Virginia. Thank you.
Bankruptcy Law Answers
They can't use an Illinois judgment to get your bank account in Virginia.
What they can do, is file a new lawsuit in Virginia, asking for a judgment to use in your state to give effect there to the Illinois judgment, under the Full Faith and Credit Clause of the U.S. Constitution.
Usually, suits like that are granted routinely. But you'd still have to be served with the papers, and you'd have an opportunity to be heard. The Full Faith and Credit Clause does not apply, where the original judgment was obtained without due process, such as notice to you. You must have a lawyer make this argument for you.
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