What do you do if you have a judgment from Capital One from 2009 that you never knew about?
In this article we want to chat about this comment:
Thank you for this information and video appreciate it I’m not from Alabama but I am dealing with the situation from Capital One along with wage garnishment and did not know about it and a judgment is from 2009
This comment is from a video we did on default judgments and the first step that consumers should take when they’re faced with a default judgment.
First, find a consumer lawyer in your state.
If you don’t live in Alabama, I’d recommend first finding an attorney in your state that will sit down with you and help you figure out if there is a lawsuit, and if there’s a judgment against you.
Second, make sure you know what is in your court file.
You can also go by your courthouse and ask about your file. The clerk’s office staff are usually pretty nice, and will help you find out what’s going on in your case, where to find out about the servicing of your lawsuit, etc.
Third, figure out when and how the court believes you were served with the lawsuit.
That service may be in the form of a document from the sheriff’s deputy, a private process server, or a green card that is used with certified mail.
Fourth, if you were served, it is likely too late to fight the judgment so you need to see about settling or bankruptcy.
If you were served, you need to get in touch with a consumer protection attorney to find out deadlines and options going forward in your case.
Finally, if you were not served, you may have the option to attack the judgment.
If you can attack the judgment, that’s great. Remember that the judgment sits on top of being served. If you weren’t served, then the judgment falls apart, and whoever is suing you (Capital One in this consumer’s case) has to litigate a case against you from years and years ago.
Being served means that the lawsuit was properly given to you.
Hope this is helpful to you!
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Have a great day!