Legal Question in Credit and Debt Law in California

Back on 12/12/2017 I was sued by a debt collector. However, I did not know anything about this until an envelope was delivered to my doorstep in June of 2019 of the judgment. No one served me properly and I did not receive a copy in the mail as the document says it was mailed to me.

There is nothing on my credit report regarding this debt - no charge off - nothing. Because there was a judgement against me and fearing that they would garnish my wages, I called the law firm to set up a payment plan. Then the debt collector sold the debt to another law firm and I stopped payments.

How is this all legal when I never knew I was being sued and only found out about it when I received the judgement? The new law firm sent a sheriff to my place of employment to serve them with a wage garnishment. I called the law firm and said this is fraud. Now they are requiring me to fill out an Identity Theft Victim's Complaint and Affidavit. What about fraud against the debt collector? None of this was ever legally sent to me in time for me to respond before there was a judgment.


Asked on 11/22/23, 3:01 pm

1 Answer from Attorneys

You should have done something about this back in 2019 to dispute the judgment, which you could have relatively easily had overturned at that time. You definitely should not have made payments on the debt since it validated the judgment. At this point if the new law firm is willing to let you of the hook if you jump through the hoops to dispute the debt and judgment, going along with what they ask is far and away the best option you have. Your only other option is to hire a lawyer to try to reverse the judgement. At this late date that may not be possible.

Read more
Answered on 11/23/23, 4:04 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California