Legal Question in Credit and Debt Law in Tennessee
being sued by a collection agency
I got a notice to appear in court..Dec
2006..but it did not say why I was
being sued or for what amount . The
collection agency says it is for a debt
from 2001. I had surgery and the
insurance should have taken care of
it..we thought they did untill now.
The collection agency says we were
served a letter in 2003 but we were
not even living there and never
signed anything. or saw anything
related to this debt...plus the
collection agency says I even went to
court back then..but I never did. My
question is Can they make me a
pay a debt I never even knew about
till 2006.. I never had a chance from
the original notice to write them a
letter disputing it..because I never
got served.. Help
1 Answer from Attorneys
Re: being sued by a collection agency
You must be served. If you were not served you can avoid judgment or have judgmnet set aside. If judgmnet has been taken, you must move the court to set aside immediately. You may still owe the underlying debt if it can be proven.