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Does the creditor have a judgment against the debtor?
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Hello again, Sarah, and thank you for the additional information.If the collection agency purchased the debt, then they would typically have the right to pursue a lawsuit against the debtor in their name. So I would normally request that they produce documentation to show they purchased the debt. Otherwise, they would not typically be the real party in interest, but would be acting as an agent on behalf of the hospital and the suit must be filed in the hospital's name, not the collection agency's name.It is possible that the agency purchased the debt though and that could explain why they are suing in their name instead of the hospital's name.They can obtain a garnishment if the court enters a judgment in their favor against you unfortunately. It is lawful for them to garnish wages or attach other assets if they do obtain a judgment. I'm sorry.
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