Can a debt collector obtain a judgment against me without my knowledge?
In Washington, a debt collector can obtain a judgment against you without your knowledge by filing a "default judgment" lawsuit. A default judgment is a court ruling where the court grants judgment in favor of the creditor without the debtor being present in court. This is possible if the debtor fails to respond within the required time frame to the lawsuit filed by the debt collector. The debt collector may document the outstanding debt they are claiming in a court filing and then typically will have an officer or a registered process server deliver the court filing or a "summons and complaint" to the debtor. If you do not respond within the required time frame (typically 20 days from the date the summons was served), the debt collector can request that the court enter a default judgment against you. Default judgments are not permanent, however. In Washington, the debtor can file a motion to set aside the default judgment and have the court vacate or set aside the judgment. In addition, if the debtor can prove the debt collector did not properly serve the summons, the default judgment may also be vacated. Regardless, it is important for debtors to be aware of the possible consequences of not responding to a creditor lawsuit. Consulting with an experienced attorney is recommended if you are facing a debt collection lawsuit.
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