Summons has address from 8 years ago....no record on my credit reports of this debt....statue of limitation expires 6 years in Va for credit cards...what should I do.....how can creditor sue me for debt I don't have any knowledge of
Did you receive a citation or a warrant in debt 8 years ago? If you don't recall this or you never received anything on it, its likely they served someone but not necessarily you.
How can they do this? They get a default judgment and then garnish your bank account.
Go to the courthouse where the case was filed and look up the file. Pull it and review everything, get a copy of everything in the file, and if you were not served, retain counsel to file a motion to vacate the judgment for lack of proper service of process.
One way to do that is to click "Find a Lawyer" above and locate an attorney who handles debt collection defense work.
This is a public forum. Any questions or answers published here should not be construed as the giving or receiving of legal advice or the formation of any attorney-client relationship. You should consult with a competent attorney in the jurisdiction where your legal issues are pending and get good, solid legal advice. This being a public forum, those answers you do read are merely given for informational purposes only.
A valid debt is not required to be on your credit report. If the creditor obtained a judgment against you prior to the statute of limitations expiring then they can still garnish you. It is possible that they obtained a default judgment against you prior to the statute running by giving you posted service and you never actually knew about it. If the Judgment was obtained by posted service you may be able to reopen the case and prove you did not get properly served. You should go down to the court house and pull the entire file and see when and how you were served and when they obtained a Judgment against you. If you want to challenge the Judgment based on improper service you need to hire an experienced local attorney. If you discover that you do in fact owe the money you may want to consult with a local bankruptcy attorney to determine if you are eligible to file for relief in bankruptcy. Generally speaking, garnishments are terminated by the automatic stay and in many cases the attorney can even retrieve funds taken by the creditor in the garnishment.
The information provided in this Answer is offered for Informational and Educational purposes only. It is not offered as and does not constitute legal advice. Interactions (answers, comments, communications) with an attorney on this website does not create an attorney-client relationship and does not establish any attorney-client privilege. John W. Lee does not seek to represent you based upon your visit or review of this web site alone. This answer may be considered Advertising under the rules of the Commonwealth of Virginia. You should not make legal hiring decisions based upon brochures, advertising, or other promotional materials. You should never represent yourself in court. We are a debt relief agency. We help people file for bankruptcy under the bankruptcy code.
In most instances, it is an untrue myth that you must know about a lawsuit for a court to grant a judgment. Refuse to answer the door for a process server or move without telling creditors of your new address can result in substituted service, often by publication in the classified section of some obscure newspaper. In many states, rule 4 of the states rules of civil procedure provides the authority for this process. Hope this perspective helps.
Under Virginia law it is possible to effect proper service without the debtor even knowing they are being sued. In addition, if a Credit Card company has one million users who move an average of once every 2 years, then 1400 of them are moving each day. The address you had when you joined listed on the application may be all they have if you didn't update it with them. A garnishment has a return date when you can appear and challenge the lawsuit. Good Luck.
The information provided in this Answer is offered for informational and Educational purposes only. It is not offered as and does not constitute legal advice. Interactions (answers, comments, communications) with an attorney on this website do not create and attorney client relationship not does it establish any attorney client privilege. John W Lee does not seek to represent you based upon your visit or review of this web site alone. This answer may be considered Advertising under the rules of the Commonwealth of Virginia.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline