Schertz, TX asked in Small Claims for Texas

Q: What do I do about a old debt (that I do not believe is mine) that debt collectors are contacting me about?

Back in 2006 in Illinois I appeared in court, and let the lawyer know I did not believe the debt was mine. I did not know what the debt was for, who it was owed to, etc. I was told they would look into it, and did not hear back again. I assumed they realized it was an error (wrong person). Fast forward to present day, and I have found out there were other court hearings I was not notified about. There were court dates after we PCS'd to a new state. I learned there is a judgement against me. Is there anything I can do to get the judgement removed? How could this happen without any kind of notification?

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1 Lawyer Answer
Teri A. Walter
Teri A. Walter
  • Houston, TX
  • Licensed in Texas

A: I have no idea what "PCS'd to a new state" means.

If you have debt collectors hounding you, they should be able to provide you with information about the judgment, which you can then try to verify with the court that issued the judgment.

In order to enforce an Illinois judgment in Texas, the creditor first has to file an action in Texas to domesticate the judgment. To do that, the judgment has to be active. I don't know about Illinois law, but in Texas, a judgment goes dormant unless there is a writ of execution issued once in each 10 year period. So, I suspect the Illinois judgment may not be enforceable, in which case you don't have to worry about it at all. But no one can say for sure until you have some definite information about it. Until then, Do Not pay them or agree to pay them anything at all.

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