Legal Question in Credit and Debt Law in Virginia
I defaulted on a credit card back in 2000. The credit card company sold the debt to Collection Company A and the collection company was granted a default judgement for warrant in debt in 2003. Collection Company A never filed a garnishment summons.
Just recently (within the last 60 days) I received a court document stating that Company A (doesn't exist anymore) is being represented by a new lawyer. Shortly after that I received a garnishment summons. I spoke with the new lawyer's collection department and was advised Collection Company B brought the debt from Collection Company A and their lawyers represent Collection Company B.
The garnishment summons is still listing the plaintiff as Collection Company A. I'm assuming at this point Company B can not legally file anything against me so they are trying to piggyback off the warrant in debt judgement awarded to Company A.
Is this legal and are their any actions I can take to have the garnishment dismissed?
1 Answer from Attorneys
Yes, you could demand to see copies of the paperwork validly assigning
the debt to company B and permitting it to in effect "stand in the shoes",
legally speaking, of judgment creditor A in asserting its right to enforce
the judgment against you obtained by creditor A..