I have a judgement on my credit report. I was never served papers to appear in court as I no longer lived at the residence due to a divorce. If I write a letter to the company that put the judgement against me for proof of the debt with them will this open up the case for them to start contacting me? The original creditor has wrote off the debt. The company that filed the judgement is a debt collector which again is not the original creditor therefore I do not owe them.
Lawsuit / Dispute Attorney
Linked below is my post on options regarding a default judgment. Once a default judgment is entered against a defendant, the court has concluded by this judgment that this was their debt and that the defendant owes it. If the defendant wishes to contest that conclusion, then he or she will need to convince the court that the summons and complaint was not lawfully served.
There are several other things that must proven to the court, such as that the defendant acted promptly to protect his or her rights, once learning of this default judgment. People who learn of a default judgment and do not act promptly often find that their rights are waived by the failure to act promptly. I hope that you will consult with an experienced attorney regarding the specifics of your case, to get sound legal advice. My blog posting and a web site such as Avvo can only give you general ideas on what to do next.
Robert Stempler (please see DISCLAIMER below)
NOTICE: The above statements are provided for general information purposes only and are not intended as legal advice or advice of any sort for a specific case or legal matter. If you do not have a signed attorney-client fee agreement with the Consumer Law Office of Robert Stempler, APC ("the Firm"), then until such written fee agreement is provided and signed by both a prospective client and attorney for a particular case, neither Mr. Stempler nor the Firm will represent you nor will they be your attorney in any matter and you remain responsible for retaining your own attorney and for compliance with any and all deadlines and for any statutes of limitations that may pertain to potential claims. Comments made on a public forum, such as Avvo.com, to not have any confidentiality because others may read them. If you desire a private consultation with Mr. Stempler that is confidential, please go to www.StopCollectionLawsuits.com and submit a free eCase Review. The result portrayed for a client was dependent on the facts of that case. Results will differ if based on different facts. The Firm and Mr. Stempler are a debt relief agency. The Firm and Mr. Stempler help people file for bankruptcy relief under the Bankruptcy Code.
When there is a court judgment against you, the time for making excuses is done. It doesn't matter whether you received the papers from the court as long as the creditor followed the legal procedures to try to deliver the papers.
I would urge you to check the court records just to confirm the existence of the judgment and then suggest that you read the entire file to see what happened. Then you can decide whether you want to spend the money to pursue having the judgment "set aside" or make an offer to settle the judgment.
Hope this perspective helps!
How long has it been since the judgment was entered? The longer the time that passes, the more difficult it becomes to get a default judgment vacated for improper service or lack of service. Make no mistake, this does happen. Depending on the process server, the act of "sewer service" does occur. But the burden will be on you to show you were never served.
Based on the above it sounds like filing a Bill of Review with the court is just about the only option. The goal is to try and vacate the judgment based on non-service. Below is my article on Bill of Reviews in Texas.
My comments are not legal advice and are for informational purposes only.