Memphis, TN asked in Consumer Law, Civil Rights and Constitutional Law for Tennessee

Q: In 2009 a credit card company issued a judgment against me in my absence.

The court record stated that in 2009 Capital One credit issued a judgment for the debt and a power of attorney of me which I never signed. I recently received a letter from a debt collector regarding this same account showing the Shelby County, TN court case number and an offer for me to pay the debt. Is this legal being that I was not present when all of this occurred & 7 years later almost to the day I get a threatening letter for 3 times the amount that was due? Additionally, there's the question of how could a creditor obtain Power of Attorney over me without my consent? I have SLE not brain damage.

1 Lawyer Answer

Bennett James Wills

  • Consumer Law Lawyer
  • Brentwood, TN
  • Licensed in Tennessee

A: Something doesn't sound quite right. But in any event if you were sued, then you should have been served with process (legal papers from the court). If you were not served, then you may have options. But vacating a judgment, especially from 2009, is not an easy task. The creditor may have also violated the FDCPA. You'd be wise to consult with a lawyer.

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