[blairtin]

Hi Friends: While searching my local LA Superior Court site here in California to make sure additional documents have not been filed in my divorce case, I came upon the revolting discovery that a collections attorney has filed a lawsuit against me. They claim proof of service and that the summons was also served. I have not been served in person or via mail (possibly by publication?) as I moved over a year ago and use a mailbox as an address at the moment. I'm unemployed and at home alone -- there's no workplace -- so no other adult could have been served, and nothing's been "nailed."

Yes, I owe the CC debt. And I'm very embarrassed not to be able to pay it. It's serendipitous and odd that I was able to find out in advance. I do not own my home or any other assets, I'm a pretty sad sack here. I'm wondering if I can possibly get it set aside after the judgment is made (in June I expect) for lack of service? Should I call the collections attorney in advance and let them know I have nothing to lien/seize and am unemployed and considering BK? I don't know how much legal billing time they'd want to put into a judgment-proof debtor. Somehow it seems unwise to let them know that I know about it. I'm planning to go to the courthouse and get the papers to find out what the proof of service allegedly consisted of. The debt is 18 months old and I'm fairly sure it's been sold once or twice by now, although the creditor in a Nevada bank.

I am certain I'm the target, as I have an unusual name. Any suggestions for the sorry situation I'm in? I've come to terms with the general credit problems, but a 10-year judgment is something else.

[justv]

Dear blairtin, sorry no one has bothered to try to help you and I can only tell you from my own experience in the state of Texas... aside unbelievable details, I too ended up with a judgement against me for a debt and when I did finally get legal advise, I was told that with the company to whom I owed money to, won a judgement against me technically what it meant was that as long as I had nothing that they could put a lien against, therefore nothing would happen unless I managed to come into a windfall. In other wordy words, if I won the lotto big or inherited money, nothing would happen. I have pretty much forgotten about it for years because, I, like you, are meek and shall inherit the earth. In other words I eke out on disability and disability pension. If it really bothers you, consult an attorney first. Most give your first consultation for free so you would have nothing to lose there. But don't be niave' and believe everything you're told. As you mentioned, do your homework too. I know this wasn't much help but I can relate somewhat to what you are going through. Hang in there! OK... I will try to login to this site more often to see if you respond.