Judgment questions.

[spartantx117]

Ok. I fell into hardship a few years ago and have a few cards that went unpaid. Jump forward to now long story short I was looking at something for a family member (same last name) and when going through civil lawsuits my name pops up. It is from 2008, and apparently Discover sued me for owing them. I was never served and knew abosolutly nothing about this or would have taken care of it. Also this never was reported on my credit reports. I know I'm to the point it would have dropped off my reports but I still checked my reports yearly since 2012 or so and it was never there. I'm in Texas and they can renew at 9 years 6 months. Basically what I'm wondering if should I let a sleeping dog lie since they never even reported it or contact a debt collection attorney?

[Anonymous]

I would take a wait and see attitude on it and see if they renew or not. If they renew, then try to settle it. No need to kick a potential hornets nest now.

[RobertEG]

The court record will show that service was made in some acceptable fashion.  Most states permit service by means other than phyical service upon the defendant after a failed attempt.  You need to review the court record to see how service was asserted, such as by publication, before asserting lack of proper service as a basis for vacature of the default judgment.

I would begin by reviewing the court record......