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i noticed my banks/ collection agenies sent me mails regarding a credit card debt that i owed. My question in here is that can a bank/collection agencies goes straight to court and file an judegement against you without notifying you or trying to collect from you before?
(btw, the debt was not mine. they were unauthorized charges of a credit card i previously owned. I tried to dispute them but the bank said im liable for it. I didnt pay for a period of time and they transfer the debt to an collection agency)
Yes, they can. However, if they do file suit you should be notified.
If they are valid unauthorized charges, file a fraud affidavit and a police report.
A party seeking payment of a debt does not "file a judgement."
They file a civil action seeking a judgment of the court. A judgment results only after trial.
Rules of civil procedure require that a defendant be notified of the proceeding and have the opportunity to attend trial and present a defense.
If they are served notice and dont appear, the court can issue a summary judgment without your presence.
That is your opportunity to show the court that the debt was not authorized by you, and if proven, result in a finding on your behalf, and if requested, deletion of any credit reporting related to that alleged debt.
Service of notification of the proceeding varies under individual state laws, and usually involves an attempt to physucally serve notice on the defendant.
However, if the defendant cannot be located, there are usually provisions for service by other means, such as publication in a local newspaper.
Have you moved/changed address that the plaintiff or court may not be aware of?
If sued, put together your documentation, and show up in court.
That may, in fact, be to your benefit. A party does not have to provide documentation or "prove" their verification in a dispute process. However, if they file civil action, they will be required to support their assertion with evidence, and you will obtain a binding determination by the court. Not a bad thing......
actually, i have moved to an oversea countries. however, the bank should know i am offshore because i changed my credit card profile adress when the card were still valid.
OP,
Are you saying someone stole your credit card and the bank is trying to collect on unauthorized charges?
yes
hi people
today, i just recieved an letter from an collection agency saying i owe the charges.
the debt was an unauthorized charges from the original creditor. I have reported it as fraud charges but the bank said it is my liability to pay.
the problem is, i am now living oversea.
i wanted to dispute the validity of the charges. but i talked to some lawyer they said I SHould not reveal my foriegn address since they could file me a lawsuit internationally.
Do you think they will file a lawsuit inernationally for amount around 18k usd?
anybody had the same experiences?
OP, please refrain from posting duplicate posts. Thank you
~Lexie, myFICO Moderator
Did you report it stolen in a timely manner? Why are they saying the charges are valid?
i did report them on time
they said they hv a sign slip and receipt.
but i objected and said anybody could counterfeit the signature.