A judgment is a designation entered on a court's docket that signifies a plaintiff has prevailed in his lawsuit against a defendant. Because most collection agencies merely act on behalf of a creditor, they would have no standing to file suit in court against a debtor.
Obtaining a Judgment
Because credit card debt arises from a contractual relationship between a cardholder and a credit card company, the credit card company, as the plaintiff, would have to file a complaint against the debtor/defendant for payment of the default balance owed.
Judgment Issued To Creditor
Once a credit card company prevails in its suit against the debtor, the court would issue a judgment in its favor. For purposes of initiating post-judgment collection remedies allowed by law, the credit card company is characterized as the judgment creditor and the cardholder as the judgment debtor.
Exceptions
Under the provisions of the Fair Debt Collection Practices Act, law firms that engage in collection activities on behalf of their creditor clients are considered collection agencies. In these limited circumstances, the law firm, in its capacity as a collection agency, would be able to file suit against a debtor and, if successful, obtain a judgment on behalf of the creditor.
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