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Hello and welcome to JustAnswer.
I would like to help you with your question today.
What advice do you have?
The answer to you question depends upon the terms of your credit card agreement.
what credit card was it?
they were based in Seattle, they have since gone bankrupt and have been sold off
have you been served with the complaint?
No. I was never served. I received a subpoena for my bank records in august 2012 and looked up the case number XXXXX line. That is when I found out I was being sued by Collect Access LLC located in California. The suit was filed in september of 2010.
the first step for you is to obtain a copy of the court documents, including the complaint. The complaint should state the factual basis for the court to have jurisdiction.
One concern I have for you, is usually they do not request bank records until there is a judgement they are trying to collect. You may find that their is default judgment against you.
If so, you will have to file to have it set aside and dismissed if there is no basis for jurisdiction.
I have a copy of the suit. It states the I am a resident of Califronia. I have never been a resident of California.
you should consult with a lawyer familiar with the Fair Debt Collection Practices Act. He should be able to have the judgment set aside, if there is one, and the case dismissed. he also may be able to obtain a judgement against the collection outfit and perhaps the attorney who filed the action.
Courts do not look to kindly upon collection companies who file fraudulent cases.
How do I do that?
would I have been notified if there is a judgment against me?
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