Thursday, October 2, 2003

How to Know If a Judgment Was Filed Against You for Bad Credit Card Debt

How to Know If a Judgment Was Filed Against You for Bad Credit Card Debt

Discovering whether a judgment was filed against you for bad credit card debt is a relatively straightforward process. Under the Fair Debt Collection Practices Act, overseen by the Federal Trade Commission, all debt collectors must send notice of a hearing to the debtor at their last known place of address in a prompt manner. However, if for some reason you never received the court notice and fail to show up at the hearing, a default judgment might be reached against you. According to the FDCPA, that fact must be recorded on your credit report.

Instructions

    1

    Review your records for all communications between you and the debt collector. The law requires collectors to mail all notices related to judgments, including information about any default judgments that may have been entered against you. Phone messages and other verbal communications are invalid for that purpose.

    2

    Order copies of your credit report from each of the three major bureaus (Trans Union, Equifax, and Experian) to find out whether you have any outstanding debt judgments against you. All American citizens are entitled to one free credit report per year from each credit bureau. If you have records of receiving a judgment but that fact isn't reflected on your credit report, contact customer service for each bureau to inform them of the discrepancy.

    3

    Contact the creditor to whom you owe the judgment either by phone, email, or ordinary mail to learn more information about the injunction. Judgments aren't necessarily final even if the court has already reached a judicial decision. You may be able to reach a settlement for an alternative payment plan with the creditor. Request that all new settlements regarding the judgment be provided to you in writing so you can maintain copies for your records and ensure that there are no future disagreements regarding any changes.

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