Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
Have you actually been served with any type of summons to go to court?
Ok, then if they have actually sued you in court, then they can collect on any judgment. If you received a summons last year, and you didn't respond to it, then they would have been able to get a default judgment for whatever they asked for. You have to fight a lawsuit in order to have a chance to win it.
So if they actually got a default judgment, then they can pursue collection of the amount of the judgment minus any payments.
I would suggest contacting the local court clerk to see if they actually got a judgment against you and if so, you would need to work out a payment plan to pay off the balance of the judgment or possibly file bankruptcy to discharge the debt.
If you didn't respond to the summons and go to court to defend, then they would have gotten a default judgment against you.. You have to go to court to fight a case and try to defend. If not, then they likely got a default judgment against you and are now legally able to try to collect on that judgment.
So the only option now is bankruptcy or entering into a payment plan with them.
I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...
You are very welcome. Glad to help even if the news is kind of lousy...