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A creditor must serve a "summons", along with a complaint, not a "subpoena". A summons is a court's formal manner of acquiring personal jurisdiction over you and giving you notice of the claim made against you. A subpoena is an order for a witness to appear in court or at a deposition to give testimony.

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15y ago
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9y ago

Creditors are required by law to serve you with a summons to appear in court before getting a judgment. You can be served at your home, your place of employment or anywhere else the process server is able to locate you.

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Q: Do creditors have to serve you before getting a judgment?
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Can a collection agency win a judgment if they cannot find you to serve with the court papers?

You have to be served in most states, be careful some private processors lie and say they serve you and then you'll never know, receive a court date, don't show and get a default judgment on you.


How long does a judgment stay on your credit report in Florida and should you be given a court date to go before a judge before one was issued?

The Fair Credit Reporting Act, a federal law, establishes the statute of limitations for judgments as 7 years from the date it was rendered. You can research Florida law to see if there is any overriding statute that extends that reporting period. Plaintiffs do have the obligation to serve papers to a defendant. However, creditors are not obligated to go beyond all reasonable means to find the consumer, only to make a "good faith" effort. So if the judgment was filed by a creditor with an old address, or a collection agency that does not have good contact information, they may have attempted to serve you and been unable to. There are certain conditions under which a judgment can be renewed and continue on file in excess of 7 years. These are also determined by state law. Plaintiffs who are granted a judgment by the court are able to garnish wages, attach bank accounts, and place a lien against property. You should also be aware that paying a judgment is not necessarily the end of this matter. Judgments, being legal actions, need a legal disposition. The proper disposition is a dismissal (order to vacate) or a satisfaction of judgment. If you were able to pay the judgment off today, you would need to take the process two steps further; go before the court and get a satisfaction granted and have that disposition recorded. It would also be a good idea to send a copy of the disposition to all three credit bureaus.


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Does a credit card company have to serve you and notify you of court to get a judgment?

yes. they must first file suit and serve you a summons giving you 21 days to respond. After that, if you do not respond they will serve a summons with a court date. If you do not show up, a bench warrant will be issued.


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