I was served by an attorney, notice of a civil action claim filed against me in magistrate court for a debt that I have already paid in full to the original creditor. The claim is for the original debt, attorneys fees and court costs. Evidently the claim had already been sent to an attorney for collection. I was told that I should just pay the attorneys fees and court costs and file a consent judgement. Is this correct information and is this something that will show up on my credit report?
1 Answer from Attorneys
If you have proof of payment, see a lawyer, as you may not only have a defense, you may have a counterclaim for frivolous litigation. Additionally, a judgment WILL appear on your credit report. You are doing the one thing you should not do, and that's talk to the other side. Your answer and counterclaim need to be done within 30 days of service of the suit on you.
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