Legal Question in Credit and Debt Law in Texas
existing judgement
If a collections agency files a judgement after the statue of limitations is up is there any legal recourse you can take against them to get the judgement released? What about if they file in a state in which you don't reside and they fail to notify you?
1 Answer from Attorneys
Re: existing judgement
It is not clear what you mean by "file a judgment." A creditor files a lawsuit, serves the defendant and, if they can prove up the debt, obtains a judgment. IT can then be recorded in the property records to show up as a lien and on your credit report. So, there is really no such thing as to "file a judgment." If you mean a creditor filed a lawsuit and obtained a judgment in another state - that would be improper. I am assuming you were not served with the lawsuit. You can hire someone in that state to try to set it aside or you can wait until they try to file the judgment here and then contest it based on the fact that you were never served.