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

Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.