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Can a credit card company get a judgement if they have not

Date: Thu, 04/19/2007 - 02:32

Submitted by anonymous
on Thu, 04/19/2007 - 02:32

Posts: 202330 Credits: [Donate]

Total Replies: 2


I have a credit card it is from about 8 yrs ago. Last payment was made April 04. They have not contacted me in the last 3yrs. Now I got papers from court that they are seeking a judgement against me. With no kind of previous notice.


I do not believe they have to make contact with you before filing a lawsuit to collect (except for the summons, and even then, every court has it's own requirements for proof of service). While the judge may frown on a creditor/collector not trying to work out payments with you, and may not automatically issue a judgement but instead a payment plan, I am unaware of any law that states they must make xxxx amount of contact attempts prior to filing. Perhaps they have attempted to contact you and were not successful. At any rate, they're probably hoping you don't answer the summons or show up, so they'd be granted a default judgement.

Perhaps some of the other posters will have different opinions.


lrhall41

Submitted by Morningstar on Thu, 04/19/2007 - 03:37

( Posts: 1633 | Credits: )


RCUCIO,
I am in the same situation right now with providian, my debt was charged off and a collection agency purchased it. I recieved a summons from the court in Dec. 06. Still no court date. Respond to the court paperwork that you have and show up in court or they will win by default. You have so many days to answer the summons, answer it. Mine told me not to worry about the time frame, they control that, if I would have listened to them, I would have lost by default.


lrhall41

Submitted by fedupinpa on Thu, 04/19/2007 - 03:44

( Posts: 1511 | Credits: )