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    bejust's Avatar
    bejust Posts: 1, Reputation: 1
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    #1

    Sep 7, 2010, 08:54 AM
    Can a Creditor Get a Judgment without Serving Me First in California
    I have gotten a threatening letter from a creditor that looks like a law firm telling me they plan to sue me. The amount of debt is totally inflated. They are saying in this letter that they plan to attach themselves to my account etc. I am unemployed right now, still looking, have medical debts to pay, and there is a notice of default on my house. Question 1. Are they required to serve me with the lawsuit papers first and if so does it have to be in person or would it be by mail or can they get a judgment without me ever being present or notified just because of this letter.
    Question 2. If they see nothing but debt would they still want to see me?

    Thanks.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Sep 7, 2010, 09:00 AM

    1. They are required to serve you notice of any lawsuit. Legal service varies. But unscrupulous collectors may sometimes fudge service. However, if a judgment is entered without valid serivce it can be vacated.
    2. No, they don't care about other debts only theirs.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Sep 7, 2010, 04:36 PM
    Quote Originally Posted by bejust View Post
    I... Question 1. Are they required to serve me with the lawsuit papers first and if so does it have to be in person or would it be by mail or can they get a judgment without me ever being present or notified just because of this letter..
    That's more than one question.:) Yes, they must serve you before they get a judgment. No, it doesn't have to be in person: they can serve you by certified mail, or, if they can't get it to you by mail there are other ways, depending on the rules of the particular jurisdiction.

    Quote Originally Posted by bejust View Post
    Question 2. If they see nothing but debt would they still want to see me?
    These debt collection agencies generally sue everyone they can get their hands on. Once they get the judgment they figure out if you have any assets. If you don't, they can wait until you do.
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