Legal Question in Credit and Debt Law in California

Can a collection company legally obtain from a court a judgment against a owner of a property and subsequently record a lien on this property (for a small amount: $1500) by simply mailing document first class and certified mail letter about the intent to sue?

This question is specific to the State of California.

Subsequently, what happens if the address used by the collection company is actually incorrect and never reaches the property owner and the mail is never returned to the Collection company. (ie. the property owner is never aware of the multiple documents, the upcoming judgment, the fact that a judgment actually happens, and eventually a Lien is being recorded at the County Office as a result of the Judgment).

Are there any specific regulations that a collection company must comply with to officially serve legal documents to the to-be sued party and show proof that the other party was actually contacted and is aware of the issue for a judge to a judgment against this party to be obtained?

This is a case that must happen. It seems inconceivable that a judge would rule without evidence that the party to be sued is at least even aware of the intent of the suing party.


Asked on 4/24/13, 10:16 am

2 Answers from Attorneys
Scott Jordan Jordan Law Office

There are specific rules for service of process. If the rules were not followed, you can challenge the judgment and it overturned. If the collection company acted egregiously, you may be entitled to attorneys fees and costs.

Read more
Answered on 4/24/13, 10:48 am
Kelvin Green The Law Office of Kelvin Green

To have a judgment, a lawsuit would have been filed and as noted by Mr Jordan they would have proper procedures for service. Based on your zip code, it appears that you are in the San Francisco area, you can look up cases on line. Go there and look up your name and see if there is a case and what has happened on it.

Prior to lawsuits the collection company should have contacted you and notified you of the debt and given you a chance to verify the debt under federal law...

Read more
Answered on 4/24/13, 11:19 am


Related Questions & Answers

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