Credit repair

court judgement from credit card

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fireyone

Joined: 26 Feb 2008
fireyone's page
Posts: 3249

1340 Magic Points

Fri Oct 31, 2008 12:15 am

They should not be able to but if for some reason they did you need to contact the court house where this happened and inform them of the fact you did not recieve notification of the court date. I myself worry about this fact a since I moved a year ago and I had one just over the SOL. I checked my report and it wasn't there so I am hoping it is gone.

Mary

Joined: 06 Jul 2006
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Posts: 424

10960 Magic Points

Fri Oct 31, 2008 11:50 am

A default judgment can be brought against a debtor only if a summon has been send to him by the court and he has not filed a response to the summon within 30 days of receipt. However, if you have filed a response and have not been provided with a court date, no judgment can be brought against you by the credit card company in your absence, because you will be given a chance to defend yourself before a judgment is passed.
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Where there's a will, there's a way !!

fireyone

Joined: 26 Feb 2008
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Posts: 3249

1340 Magic Points

Sat Nov 01, 2008 1:50 am

What happens Mary if perhaps they sent the summons to the wrong address and the poster no longer lives there? I have heard of summons just ebing left on a persons door. Shouldn't they have to sign for this or even go to the courthouse (if they weren't home) and pick up the summons? This would be a way to show they recieved it. I am not exactly sure how a summons works but it sounds like this should in fact be the proper way to handle one.

goodnatured

Joined: 03 Nov 2007
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Posts: 3235

2257 Magic Points

Sat Nov 01, 2008 2:48 am

Well fireyone in an ideal situation that is the way it happens, sometimes people avoid them so they have to have some way of delivering it. I think they should have to at the least post it with the court, there are many ways to locate people. In my case I went after it, I did not want them to show up at my place of employment.
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Goodnatured,

Trying to become and stay debt free, thank you for all your help and support!

fireyone

Joined: 26 Feb 2008
fireyone's page
Posts: 3249

1340 Magic Points

Sun Nov 02, 2008 2:45 am

I can inderstand that one but to just leave it woth someone else. Thats not really fair because this person may have little or no contact with the person they are trying to deliver the summons to whether they are related or not...How do you know it is not a vindictive family who would just sit on it? Too many times people have probaly gotten judgements from not being there when they went to deliver or maybe moving and unaware they were being sued,.

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