Legal Question in Credit and Debt Law in California
There is a judgement against me for $1900.00. The company trying to collect is sending me "legal" paperwork with no stamp from the court trying to entice me to call. This week the "served" my husband with paperwork telling him to appear, but no date and it is not stamped either. When I spoke to them last month they told me these were not legal documents. What should I do? They want my husband to turn over our bank statement and records.
2 Answers from Attorneys
The judgment itself was the culmination of the legal procedure that would permit the creditor to go through the process of having wages garnished, bank accounts attached, etc. Often a single judgment is symptomatic of much higher total debt that is subject to collection. If you cannot repay your debts, I would advise consulting with a qualified bankruptcy attorney, which is a positive step in the direction of doing something to claim back your well-being.
Good luck.
Belabored cocktail-party-conversation-as-legal-advice-clich� disclaimer: this answer (& our Web site) doesn�t address all facts & implications of the question; it�s not legal advice to be relied upon; it creates no attorney-client relationship; it�s personal opinion w/general info on CA law; it�s drafted prior to posting of other answers & doesn�t reflect upon the latter. Seek legal counsel before acting or refraining from bankruptcy/legal action; it�s worth the cost. Okay, I�m done.
If someone has a judgment against you, they will serve you with a notice to appear at a judgment debtors examination and to bring your financial records. If you don't show up, you can be arrested. I haven't seen the document you mentioned and I therefore have no way of knowing whether it is genuine or not. If they are sending bogus legal notices, this is a violation of the debt collection law and you could have the right to sue them for $1000 per incident. You can verify whether an Order to Appear was issued by the court, either by looking up the case on the court web site or by physically going to the clerk's office. Unfortunately some California counties have information available on the court web site, and some don't.