Can debt collecters have a judgement against you without you knowing after many years?

Question

Recieved a letter 2 yrs ago by a bank that I had not used in yrs, that a debt collecter had inquired about assets & address. Didn't recognize name of creditor at all. Called office # provided & it was a "law office" stating that debt was originally from Providian. Up until that time I had only identified myself by name, no further info. He then started yelling at me & demanding me to confirm to him my last 4 # of ss, in which I refused to confirm anything. He then stated I had a Judgement against me & proceeded to abruptly hang up! Never heard from them again until recently when my credit monitoring co. contacted me for a monthly update. I noticed this particular "law firm" had made an inquiry in which I immediately sent certified letter requesting removal of an unauthorized inquiry. 2 months later, I recieve a letter stating they can place inquiry, there is a judgement and I should contact them to set up payment. To date, I have never had a Judgement on my CR. Can this happen?

Answer 1

It's always possible to have a judgment filed against a person and it not report on their credit reports.

It is also legal if they own or were assigned the debt to make inquiries on your credit report.

You need to contact the court clerk in the county/city that you live in and ask if there is anything filed in your name.

If you have moved since you had that account with Providian, you should also contact the court clerk in every county/city where you had previously lived and ask if there is anything filed in your name.

IF there is nothing filed in your name, then they are lying and there is no judgment and it was a violation on their part to lead you to believe that there was one. If they made that comment in that letter, keep the letter, and the envelope it came in, in a very safe place as it proves their lies in writing.

If there is a judgment filed against you:

Go to the court clerk and request a copy of the "recorded" judgment. (if it's not recorded, they cannot collect on it until it is recorded)

Look over the service papers to make sure you had not been sewer served. If they failed to follow your states rules of service you may be able to have the judgment vacated for improper service.

Keep in mind that once you learn of a judgment, you have a limited time to attempt to vacate it.

If there is no judgment:

Check the collecting SOL for your state. It could possible that you may be past the collecting SOL. If you are past the collecting SOL, they "legally" cannot file suit on it. (though many times collectors will illegally file suit on time barred debts if they feel they can get an easy default judgment)

What you would do next would depend on a few things - judgment, no judgment, past SOL, still in SOL, etc., etc., etc.

You might click on my profile and click on the last link I have listed to a free credit discussion board.

Do some reading in the Newbie section and then in the Credit Forum.

You will be able to learn the SOL for your state, learn how to deal with the judgment if they sewer served you, how to deal with them if there is no judgment, etc.

Everything on that site is totally free to read, use and to ask any questions you may have.