Legal Question in Consumer Law in Virginia
hello-
Is it possible to contest a judgement(credit card) if creditor lost the original document(credit card agreement)? The legal papers I received from the creditor(Capitol One) state this. The judgement was filed on me in 2010. I went to court, but afterward never received the notice of a judgement- I only found out after calling the creditor's lawyers. Thank you for any information about this!
Dan.
1 Answer from Attorneys
The time to raise the issue of this original document, i.e., the credit card
agreement which the creditor apparently was not able to produce--if you
ever requested such---was when you went to court.
Neveretheless, if you failed to show up for court court when the matter was scheduled for trial, then a default judgment would likely have been entered against you and which you would not necessarily have been informed of (and which also would not have diminished your responsibility for paying such a judgment).
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