What to do if adebt collector has received a judgement against me without serving a me court summons?

Asked on October 31, 2011 under Bankruptcy Law, Colorado


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In many states, a debt collector doesn't need to have a judgment against you to begin the collection activity or actions to collect the debt. For example, if you owe on a credi card and the credit card company sells off your debt to a collector, the collecto doesn't need a court judgment to begin attempts to collect the debt. As long as the debt collector is able to follow the Fair Debt Collection Practices Act, there is no need for a judgment or summons. If you received a judgment against you, make sure you dispute the claim with the credit reporting agencies who have reported this judgment on your credit report. What you need to do is file the dispute and part of your dispute would be that you did not receive notice of a court action against you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.