What can I do if a debt collector has obtained a judgment against me without my consent?

If a debt collector has obtained a judgment against you without your consent in California, then you have certain rights which must be respected. First, you must be notified of the lawsuit or collection action against you. This is typically done through a summons and complaint. You then have a right to respond to the lawsuit either through an appearance in court or by filing a written response. If you believe that the debt collector obtained the judgment without your consent, you have the right to file a motion to have the judgment set aside. This is done by filing a motion with the court in which the judgment was issued. As part of your motion, you must include an affidavit stating that the debt collector never gave you proper notification of the lawsuit or collection action. Once the motion to have the judgment set aside is filed, the debt collector must respond. If the court determines that the debt collector did not properly notify you of the lawsuit or collection action, then it may set aside the judgment against you. This means that the debt collector can no longer seek to collect on the debt and the judgment is nullified. It is important to note that if the judgment is set aside, it does not necessarily release you of your obligation to pay the debt. The debt collector may still be able to collect the debt through other means, such as sending the debt to a collection agency or filing a new lawsuit against you. It is important to speak with a qualified bankruptcy attorney to determine the best course of action if you believe a debt collector has obtained a judgment against you without your consent. An attorney can help you understand your rights and develop a strategy for defending yourself against collection actions.

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What can I do if a debt collector has obtained a judgment against me without my consent?

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