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Allen M., Esq.
Allen M., Esq., Attorney
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can a credit card company get a judgement against you without

Resolved Question:

can a credit card company get a judgement against you without notifing you of court date, also credit card debt over 7 years old?
Submitted: 4 years ago.
Category: Legal
Expert:  Allen M., Esq. replied 4 years ago.
They can do it if they claim that they attempted service on you, but couldn't obtain it.

Then they could get a default judgment and the fact that statute of limitations is done is a defense, but you have to raise a defense...it's not automatic.

So, what you need to do is make a motion to vacate the judgment because you never received proper service on the claim AND because you have a specific defense to the claim (the statute of limitations).
Customer: replied 4 years ago.
the attorneys that filed the judgement notified my via mail that they had recieved it. it is the first time i have heard anything from them ever, do i need an attorney to file to vacate judgement or can i do it at the courthouse. i did not recieve any notice via registered mail, regular mail or summons service. I am not even sure how old the debt is I know that i have not had any credit cards since 2001 after my husbands death.
Expert:  Allen M., Esq. replied 4 years ago.
Yes, I'm sorry that this has happened. It happened as I told you. They obtained a default judgment against you by claiming to be unable to reach you.

You must hire an attorney to file a motion to vacate the default judgment and to raise your defense of the statute of limitations. This is your only recourse with a default judgment.
Allen M., Esq., Attorney
Category: Legal
Satisfied Customers: 15795
Experience: Lawyer and legal specialist.
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