Legal Question in Credit and Debt Law in Virginia

Judgement Against Me - Credit Card Co.

I owe $962 on a credit card, it's already in the collections dept. Rec'd. a letter this week saying they have obtained a judgement in court against me for part of this amount - $500+. I had been making monthly payments, never missed a payment - how can they take you to court if you've not missed a payment? And exactly what does a judgement on only the partial amount mean? Please advise my next step. Thanks.


Asked on 12/04/08, 11:23 am

2 Answers from Attorneys

Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: Judgement Against Me - Credit Card Co.

This sounds a bit fishy. You might consider having an experienced consumer rights attorney look at this.

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Answered on 12/04/08, 1:26 pm
Jonathon Moseley Moseley & Associates Law Firm

Re: Judgement Against Me - Credit Card Co.

There are three aspects of this that occur to me: First, it might not be you. They might have obtained a judgment against someone else with the same name, and THEN went looking for this person. They might think it is you, but the judgment is against someone else instead.

Second, you ask how can they get a court judgement against you (a) without you knowing about or (b) if you have not missed any payments. Well, the answer of course is they CANNOT, legally.

Third, however, it DOES happen... all the time. How is that? They may file a lawsuit against you at an old address, where you don't live any more. So they could have mailed and "served" the lawsuit at your OLD address (posting it on the door). You did not go to court, because you did not know about the lawsuit or court date. Then because no one showed up on your side, the court would give them a court judgment for anything they asked, even if it is wrong.

Assuming that there is a court judgment against you, not someone else with your name, you have to go to court and move to have it VACATED.

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Answered on 12/04/08, 1:57 pm


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