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judgement

New Contributor

judgement

A judgement was placed on my credit report and I was never served or had a date in court. Can they do that

Message 1 of 5
4 REPLIES
Epic Contributor

Re: judgement

You never received anything?  Did you know they planned on suing you?

 

Generally, no they cannot.  It would depend a lot on what your state laws say about the process.

Message 2 of 5
Senior Contributor

Re: judgement


burin4life wrote:

A judgement was placed on my credit report and I was never served or had a date in court. Can they do that


What kind of debt was the judgment for? 

 

If you were not served, then you can contact the court and obtain a copy of your entire case file to determine how they claim you were served.  If not properly served, you may file a Motion to Vacate.  The court will notify the judgment creditor and likely schedule a hearing.  The judgment creditor can, in certain cases, sue you again and serve you at the hearing.

IAALBNYL
Message 3 of 5
New Contributor

Re: judgment

I checked equifax monitoring and there is no case number and not court in which the case was assigned to . I live in California. I believe this is from a car that I went delinquent on in 2008. Fireside Financial

Message 4 of 5
Senior Contributor

Re: judgment


burin4life wrote:

I checked equifax monitoring and there is no case number and not court in which the case was assigned to . I live in California. I believe this is from a car that I went delinquent on in 2008. Fireside Financial


 

If that is the case, then, yes, they need to have served you prior to obtaining a judgment.  The best way now to determine how they claim you were served is by locating the court and searching their files. 

 

Have you looked on your actual credit report and not only on the monitoring alert?  Generally the credit report itself will indicate which court.  If that doesn't help, try contacting the courts where you currently lived and at any previous address you have between now and, say, 2006.

IAALBNYL
Message 5 of 5