Trying to find out who the original creditor is for a default judgment, but the collection company is unreachable and their attorney has sin...

Question

Trying to find out who the original creditor is for a default judgment, but the collection company is unreachable and their attorney has since retired. How can I get this judgment either removed, or how do I even know it is mine?

Answer

It doesn't matter who the original creditor is, it matters who has the judgment against you. If their attorney has retired, then someone had to take his/her place. Contact a consumer attorney, they should be able to find out who the new attorney on the claim is.

If there truly is no attorney, and no one to pay, then you could try a motion to strike the judgment, advising the court that you want to pay but there is no one to take it.

Again, you need a consumer attorney. Most of us give free consults.

Answer

I agree with Attorney Artim. It does not matter who the original creditor was. Debts can be sold at any time, either prior to a lawsuit or even afterwards. Whether the judgment can be challenged at this stage is a different matter. And you cannot get the judgment removed if it was properly entered against you. If it was not your debt (like in the case of identity theft) you would need to file a motion to set aside/open the judgment. Assuming it is granted you would then have the opportunity to prove its not your debt.

If you cannot challenge the judgment or if it was your debt, then your only option is to resolve the debt. Depending on how much the judgment was for it may or may not make sense to even challenge it. But you have to do the cost-benefit anaylsis.

Court records are public records. I would begin by going to the county where the judgment was entered and make a complete copy of the court file. The file will include the summons and complaint, including a return of service (showing how the complaint was served and when) as well as any attachments to the complaint like a credit card statement or bill of sale. The complaint or an attachment thereto usually will identify that this was for a credit card debt and will often identify the last four digits at least of the card number and the original creditor. However, companies like Citi or GE/Synchrony offer credit cards for lots of creditors - Sears and Home Depot are both issued by Citi for example, and GE/Synchrony issues Lowe's, JC Penney and other store cards. So the complaint may not tell you specifically what store the card was for and just may say Citi or GE/Synchrony.

Take the file to a consumer attorney and have the attorney review it to best see what all is involved and your options for resolving the debt.