Can a collection agency secure a judgement without serving me or contacting me?

[Anonymous]

I would like to settle my last credit card from my divorce mess (100,000 so far settled for about 60,000) with this one last one to go. It's been a challenge, but can now start to see the light. I recently joined myFICO and thought I would throw out my current situation to see if anyone has advice.

This account has gone to a collection agency called Mann Bracken, llc (or something like that)....and grew from 16,000 balance when I stopped payments in October 2003 to 21,000 now and they are adding about 500 a month. They state that they have a judgement against me and are threatening to search for my assets (of which all i have is a car worth about a $1000). I am confused as I have never been contacted by them via service, etc... I would like to settle this account with them but they are insisting on 13,000 spread over 3 monthly payments, but at this time I can only do it over 4. They've been offering me the same thing the past month every 2 weeks and I tell them that unless they get it under 3000 a month, I wont' be able to do it. They keep contacting me so I think they want to settle this as well, but they get on their high horse and threaten this judgement thing.

My main question, is it possible that they can get a judgement without serving me and giving me the opportunity to responsd. I don't know if the state matters, but I lived in W. Virginia for 3 months, Maryland for 3 months, and now Atlanta for 35 months. I'm moving next month out of state and want to get this resolved, but not sure how to proceed. They are claiming the judgment is in Virginia where I have never lived. I would like to think that I can keep telling them I can't settle until July, but wanted to see if anyone had advice about this judgement thing...or are they just bluffing and trying to use that as leverage.

Thanks,

Don

[Tuscani]

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hawaiianstilt wrote:

I would like to settle my last credit card from my divorce mess (100,000 so far settled for about 60,000) with this one last one to go. It's been a challenge, but can now start to see the light. I recently joined myFICO and thought I would throw out my current situation to see if anyone has advice.

This account has gone to a collection agency called Mann Bracken, llc (or something like that)....and grew from 16,000 balance when I stopped payments in October 2003 to 21,000 now and they are adding about 500 a month. They state that they have a judgement against me and are threatening to search for my assets (of which all i have is a car worth about a $1000). I am confused as I have never been contacted by them via service, etc... I would like to settle this account with them but they are insisting on 13,000 spread over 3 monthly payments, but at this time I can only do it over 4. They've been offering me the same thing the past month every 2 weeks and I tell them that unless they get it under 3000 a month, I wont' be able to do it. They keep contacting me so I think they want to settle this as well, but they get on their high horse and threaten this judgement thing.

My main question, is it possible that they can get a judgement without serving me and giving me the opportunity to responsd. I don't know if the state matters, but I lived in W. Virginia for 3 months, Maryland for 3 months, and now Atlanta for 35 months. I'm moving next month out of state and want to get this resolved, but not sure how to proceed. They are claiming the judgment is in Virginia where I have never lived. I would like to think that I can keep telling them I can't settle until July, but wanted to see if anyone had advice about this judgement thing...or are they just bluffing and trying to use that as leverage.

Thanks,

Don

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I doubt you have a judgement if you were never served. These are just scare tactics. Let's start by seeing if the judgement actually exist (that will determine the path you should take moving forward). Pull your reports (all three) and let us know.

[Anonymous]

Don - Sounds like you may need to consult a lawyer.  But the answer to your question is no.  A creditor can't get a judgment unless they (a) sue you (b) serve you in accordance with the laws of the proper jurisdiction (c) appear in court and (d) win.  If you don't file an answer and don't show up in court, they get a default judgment, which is an automatic win for them.

Message Edited by masdeocho on 05-01-2007 02:38 PM

[Anonymous]

Thanks for the prompt responses.

My concern is about the "laws of the proper jurisdiction" clause. Is there a way to find out more about that without contacting an attorney in every state that I lived in or one where I never lived in, but they claim they have a judgement for? For example, if they attempted to serve me but never could can they do something like publish notice in a newspaper instead and say they did all they could to reach me (something I was advised on my divorce) and was given it.

How would a judgement show up on a credit report. THe one provided by myFICO a few weeks ago didn't say anything, nor did one from equifax 4 months ago. They have been saying this for about 6months now.

Thanks,

Don

[Boswd]

Also it sounds like you moved around alot and Collection Agencies are notorious for sending their summons to the Last Known Address.   They may actually have a summons for you but I would find out where they served the summons and who they served it to  and how that's State's laws apply to serving judgments.   Some states have a tack and run policy.    If you weren't living at the address they served you,  do a motion to have the summons vacated for improper service in the court they served the judgment.   check all your reports to see if you have a public record.  

Call the Collection Agency and have them tell you what court the judgment was rendered.   If they do have one against you , they probably did a tack and run and got a default judgment.

www.freeadvice.com forum has a lot of people talking about situations just like yours.

[Anonymous]

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Boswd wrote:

Call the Collection Agency and have them tell you what court the judgment was rendered.   If they do have one against you , they probably did a tack and run and got a default judgment.

www.freeadvice.com forum has a lot of people talking about situations just like yours.

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Ask 'em (a) which court (b) which district (c) date of judgment (d) case or file # (e) what the judge was wearing that day.