Debt was filed in small claims but court papers say it isn't being pro
Date: Fri, 03/20/2009 - 12:26
Can they still serve me or could the original debtor sell the debt to another collector who will then take me to court?
once someone files a complaint and starts the lawsuit process, t
once someone files a complaint and starts the lawsuit process, they have a certain amount of time to have you served. Then, they have a certain amount of time in which to bring their case before the court. Chances are that the notice in the paper was sufficient for the court to consider you served, check your state's rules of civil procedure for more info there.
The case was not pursued, so the complaint they filed against you is no longer valid. But they would simply need to file a new complaint to make this go to court all over again. Or, they could legally sell it off to someone else.
What if there is a judgement showing on the credit report for a
What if there is a judgement showing on the credit report for a collection account from 1994! The judgement was recent and we were served no papers or letters in the mail. I even investigated the account thinking it was on our credit report by mistake only to find that it was from an account that went to collection from 1994! This is how they re-age the account?
guest, in that case, you need to file an order to show cause wit
guest, in that case, you need to file an order to show cause with the court where that judgment took place. You need to request that the court vacate the judgment due to improper service. Inform the court that you were never served a summons, and had you been afforded your right to due process, the case would have been dismissed due to expired statute of limitations. That is, of course, as long as the SOL has expired on this debt. What kind of debt is it and what state do you live in?
Also, did they file this lawsuit in the county where you reside or was it done somewhere else?