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Consumer Protection Law

I recently pulled my credit repoprt and see that a "credit

Customer Question
card judgment" is on all...
I recently pulled my credit repoprt and see that a "credit card judgment" is on all 3 major credit reporting bureaues. I have never been served by any credit card nor have I ever resied in UTAH which is the state in which this judgment was filed and recorded. How can i get this removed. This is dated in 2013
Submitted: 1 year ago.Category: Consumer Protection Law
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Answered in 2 minutes by:
7/31/2016
Consumer Protection Lawyer: Alex J. Esq., Attorney at Law replied 1 year ago
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Consumer Protection Law
Satisfied Customers: 16,742
Experience: Experienced Licensed Attorney
Verified

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

Did you obtain copy of the judgment?

Did you even have an account with judgment creditor?

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Customer reply replied 1 year ago
No, I have no idea about the creditor becasue its listed on credit report and i managed to track it down to UTAH
Consumer Protection Lawyer: Alex J. Esq., Attorney at Law replied 1 year ago

Thank you for your follow up.

Did you obtain a copy of the judgment from the court in Utah, to check if all of the personal information on the judgment matches yours?

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Customer reply replied 1 year ago
there is no need for me to file Bankruptcy my debt isn't much but this judgment is biting me in the rear. Want it removed
Consumer Protection Lawyer: Alex J. Esq., Attorney at Law replied 1 year ago

Did you obtain a copy of the judgment from the court in Utah, to check if all of the personal information on the judgment matches yours?

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Customer reply replied 1 year ago
No, Its on credit report filed in Utah where I have never resided. But I can attempt obtain it and when I do what then? isn't it too late to respond becasue judgement has be issued
Consumer Protection Lawyer: Alex J. Esq., Attorney at Law replied 1 year ago

Thank you for your follow up.

What is the amount owed on the judgment?

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Customer reply replied 1 year ago
$7,629.00 is what shows as judgement on all 3 credit reports
Consumer Protection Lawyer: Alex J. Esq., Attorney at Law replied 1 year ago

Thank you for your follow up.

Are you absolutely positive that the debt for which the judgment was obtained was not yours?

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Customer reply replied 1 year ago
Never said it wasn't mine. it can be mine. I said i can't confirm which credit card . but what i can say for sure is that i have never been served
Customer reply replied 1 year ago
I never resided in UTAh where it was processed
Customer reply replied 1 year ago
how can a credit card company get a judgment without serving someone ?and have it processed where alleged defendant doesn't reside
Consumer Protection Lawyer: Alex J. Esq., Attorney at Law replied 1 year ago

Thank you for your follow up.

When was the judgment obtained?

Did you move in the past at all?

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Customer reply replied 1 year ago
according to credit reports nov 2013 and yes I have moved
Consumer Protection Lawyer: Alex J. Esq., Attorney at Law replied 1 year ago

Thank you for your follow up.

Unfortunately, may credit card companies have a clause in their credit card agreement (which most people never fully read) which allow credit card companies to pursue and lawsuits for damages in the jurisdiction specified in the agreement, which is usually the state with the longest Statute of Limitations and also with the laws most favorable to the credit card company's interest.

So, generally, the first step would be to obtain a copy of the judgment from the court that has issued.

If the personal information of the judgment debtor matches, then there are generally an option to file a motion to set aside judgment due to the lack of service, which would have to be filed in the court where judgment was issued and the judge will review all the records and evidence and will determine whether to set aside judgment.

If the judgment is set aside, then the creditor will have to start the lawsuit from the beginning by properly serving the judgment debtor and the pursuing lawsuit and if attorneys for the credit card are successful another judgment would be ordered by the court.

The second option generally, if the debt is valid, is to contact the attorneys for judgment creditor and to attempt to negotiate some type of settlement, so the judgment can be satisfied and recorded as satisfied, in exchange for the negotiated settlement amount.

I wish you the best of luck!

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Alex J. Esq.
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Consumer Protection Law
Satisfied Customers: 16,742
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