If a Debt is Not On My Credit Report, Can the Creditor Still Sue

A debt has not appeared on my credit report since 2003. A creditor sued me and obtained a judgment. Is that legal?

Read full question
Bill's Answer: Answered by Mark Cappel

A debt account can be bought and sold, and the fact that your debt passed through several hands before landing with the present collection agent is irrelevant.

I am confused by the chain of events in your message. You stated that a collection agent "filed a judgment" on you. I do not know what that means. Does that mean that the collection agent filed a lawsuit against you? Or do you mean that the collection agent OBTAINED a judgment from a court regarding this debt?

If the statute of limitations has passed on the debt, the collection agent has the right to file a lawsuit from you to obtain a judgment. If the statute of limitations has passed, it is up to you the debtor to raise this defense in the trial. Talk to the judge before the hearing is not sufficient. You must raise the defense in the trial or hearing for the defense to be effective.

Whether an account appears on your credit report has no bearing on the creditor's right to sue a debtor to obtain a judgment and the ability to take action to collect the debt.

I urge you to consult with an attorney in your state with your questions, who will be able to review your entire situation and give you advice that is specific to your situation and the rules in your state.

Go to the following link to learn more about your rights as a consumer in the collections process.

I hope this information helps you Find. Learn. Save.

Best,

Bill

www.bills.com/blog

Rate this article
Not helpful
Awesome

Comments (3)


Avatar
Bills.com
November 09, 2009
If what you described is accurate, what you have is a perfect example of bad-faith negotiation and possibly fraud. I dare say you may have a cause of action against the creditor here. I encourage you to contact the National Association of Consumer Advocates (NACA) and locate an attorney licensed in your state with experience in consumer rights. You may be able to find an attorney who will be willing to work on a contingency-fee basis.
Alex .
November 08, 2009
I agreed to a settlement with an attorney for a Capital One credit card debt. I requested the agreement in writing, which they sent to me, signed by the attorney. It contained two separate agreements. The first agreement was for the settlement amount we agreed to broken into five consecutive monthly payments. The second agreement was for a judgment for the full amount if I were to default on the first agreement by not making my monthly payments. I signed both agreements and sent them along with a cashiers check for the first payment via certified mail return receipt. Because they had not picked it up from the post office after four days of receipt and the trail was scheduled for the next day, I faxed a copy of both agreements to them. They said they would file our agreements with the courthouse and dismiss the case. I then requested a copy from the clerk of the court. It shows that they only filed the second agreement for the default judgment with the courthouse. The document has also been altered since I signed it (the interest rate was lowered). It has now been three weeks since my letter containing the signed agreements and cashiers check was delivered and it has been returned to me. I now have the original, unopened letter with its contents as well as a copy of the agreements signed by the attorney, a copy of the cashiers check, the tracking information and receipt. Now I need to know if I can do anything so they will have to honor our original agreement. I will leave the letter unopened to prove that I attempted to make my first payment and the postal tracking information shows that they refused to accept it, therefore, breaking our contract to settle. Can I file a motion to vacate judgment? Is there anything else you could suggest I should do? Thank you for your help.
Vernon G.
November 06, 2009
Thanks for the debt management information.
Waiting for comments to load Loading more comments
Thanks for your feedback!
 

Tool Box   Easy to use resources to help you find solutions to your money questions