What court order would a collections agency file and what if it’s undeliverable?
Tuesday, August 19th, 2008 at
10:44 pm
Staci A asked:
In the State of California, if someone owes money to a creditor and the debt has been passed on to a collections agency, at what point would the debt collector ask for a court order and what would that entail? What would happen if they were unable to deliver the court order? How might the court order be removed before actually having to appear?
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In the State of California, if someone owes money to a creditor and the debt has been passed on to a collections agency, at what point would the debt collector ask for a court order and what would that entail? What would happen if they were unable to deliver the court order? How might the court order be removed before actually having to appear?
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That would be a default judgment.
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If they are unable to deliver the summons, they can not file a Judgment against you. They will eventually be able to get a current address and then they will serve you. You should call and see if you can set up a payment plan. Most banks help each other out when it comes to skip tracing.
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Depending upon the type of debt, they have a certain time limit (varies by state) to file a court order for a judgment against you. Simply filing the paperwork with supporting documents stating that you owe the debt is usually enough. They have a limited number of attempts to contact you for delivery. It’s either 3 or 5 attempts. If they can’t deliver, it will be presumed by the court that you are avoiding the problem and that delivery and receipt is presumed completed. It won’t be removed. The creditor will get a default judgment against you.