Q: I received a judgement (bank levy)from a collector. Citibank sold to collectors in May 2006. What are my rights?
This is my first time hearing from these collectors. I have received three of the same judgments within two months. The 1st one was for 18k. The second one has now grown to 19k, and the third one was in my 17 year old son's name. All three from the same collector! I never appeared before a judge, nor have I received any past notices from this collector. They put a Levy on my bank account. I called and asked for a more detailed explanation of this large debt and asked when did it go into default and what was the amount, before it went into default. I received a letter from the collector Resurgence Financial, LLC afterwards that states that the debt was from Citibank with a current balance of $19,109.38. I called Citibank and was told that my debt was sold to the collectors on May 30, 2006. I then viewed the case # from the judgement on San Diego Superior Courts website, which list the Case# filed on 10/12/06 along with additional info. What advice can you give me?
A: If you have judgments against you, your rights are pretty limited. Lawsuits have to be served on you before a judgment is entered. It gives you the opportunity to contest the charges. If you did not contest the charges, then the plaintiff gets a Judgment and you can't come back later and try to dispute it. You might consult with bankruptcy counsel, but there are restrictions on discharging credit card debt. An expert in that field will be able to direct you.
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