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A judgment is not granted until the suit is heard and the plaintiff prevails. The amount of time that a judgment remains on a credit report (7 years) has nothing to do with the length of time that a judgment is valid and can be enforced. The best option is for the defendant to discuss the individual circumstances with a qualified attorney.

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Q: What should you do if you had a credit card charged off 5 years ago and you just received a summons from a state attorney suing for the amount and fees and will the judgment start the 7 years over?
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Can a default judgment for unpaid credit card debt be awarded if you never officially received a court summons?

Yes, only a reasonable attempt to serve a civil summons is necessary. If the defendant is not located, refuses service of the summons, etc. the creditor's suit will be heard and usually a default judgment will be entered against the defendant.


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How do you answer a summons for a credit card debt?

First, make sure that the document you received is actually a summons to appear. A summons must contain a docket number and a court date. Many collection agencies or collection attorneys use a summons as a scare tactic, in order to get you to pay your defaulted amount. However, if it's an actual summons to appear, the last thing you want to do is not show up. If you don't appear, the plaintiff will get a default judgment from the court. With a judgment in their favor, they may garnish your wages or freeze your assets in order to collect on the defaulted amount.


What happens when a charged off account is bought out by an attorney and taken to court?

The debtor is served a civil summons to appear the lawsuit hearing. If the debtor does not appear he or she loses the case by default and a judgment is entered in favor of the plaintiff 9creditor). If the debtor does appear and loses the case which is the normal scenario, a judgment is still entered in favor of the creditor. The creditor can then use the judgment to garnish wages or take action against other real and/or personal propety belonging to the debtor.


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An attempt was made at a residence I have lived at for 15 years. I do not live in the States. Can a summons that was not delivered become a judgment?

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What happens if you dismiss a summons?

It depends on what the summons is for. You may have a warrant issued for your arrest or judgment may be entered in your absence and you won't get the chance to fight your case. Either way, it's best not to ignore a court summons.