Can a debt collector obtain a judgment against me without my knowledge?
In Texas, as in all other states, a debt collector can obtain a judgment against an individual without their knowledge. It is possible if the debtor fails to respond to the lawsuit or appear in court. The collection agency may obtain a default judgment, which is an order from the court to pay the debt. This judgment will include various costs and interest fees. However, there are some protections under Texas Collection Defense Law for debtors in the event of such judgments. Firstly, if the debtor does not respond to the lawsuit within the required time frame, they may submit a motion to set aside the judgment. This motion must be filed within 30 days of the original judgment being served. In addition, a debtor may also be able to negotiate with the collection agency or creditor. This is done by sending a written offer of payment, often called a "tender of payment." The creditor then has the choice of accepting it or initiating a lawsuit. Ultimately, it is important to remember that a debt collector may be able to obtain a judgment against an individual without their knowledge, but there are some legal protections available to help the debtor resolve the issue. If the debtor is facing a possible judgment, it is best to seek legal advice from an experienced attorney.
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