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Can a law firm sue me and collect a debt if I was never served?

Santa Clarita, CA |

I had a credit card that I defaulted on. I received a letter that states that I was served with a lawsuit and that I failed to respond. That's not true. I was never served. Now they are looking to enter a default judgment against me. What should I do?

Attorney Answers 3

Posted

You needn't post your question two times. Someone will respond when posted in the proper category. I responded to this question with your other post.
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Posted

The court rules of civil procedure allow someone to be served by a substituted method when the party can't be found or appears to be avoiding the process server. It is perfectly acceptable to have a form of service in which you as the Defendant, don't actually receive notice of a lawsuit. All the creditor must do is comply with the court rules for trying to find you. Hope this perspective helps!

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Asker

Posted

It does help. Thank you. Should I go ahead and make payment arrangements by phone? or in writing?

Posted

You should consult a lawyer. If you were not served, the only way that you can prevent a default is to make a motion to set aside the default, and you must do this promptly. Otherwise, you will lose your right to contest the debt.

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4 comments

Asker

Posted

Thank you for answering. Can I negotiate to have the default removed if I set up a payment arrangement? Do they ( the creditor) have the power to do that?

Richard Scott Lysle

Richard Scott Lysle

Posted

It will require a court order. This can be requested by stipulation, but the court must enter an order setting aside the default. You may not want to have a judgment entered against you because any civil judgment is a public record and will probably show up on your credit report, thereby affeting your ability to rent an apartment, buy a car, etc..

Asker

Posted

So, they will have to file the order after I settle and make a final payment?

Asker

Posted

I think they already have a judgment against me. Also, does bankruptcy remove the judgment?

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