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question iconI had a debt collector contact me yesterday. The first person called and stated that a judgement was being placed against me and gave me the debt collectors info. I called that number and this person stated that it was a debt from 2007 from a credit card. I have not made arrangements with them in any way since 2007. She stated that the bank filed in 2014 and that they have a right to collect. The Colorado statute states 6 years from default; which was 2007. What is the remedy here?
answer icon

It is hard to know without seeing any paperwork related to this debt. If there was a lawsuit filed by the creditor for which a default judgment was entered they may be within their rights to attempt to collect on the judgment. You perhaps might have a valid argument if you were not properly served, but would need to see the court documents underlying any purported judgment. If the judgment is not valid then you could seek in state court to overturn it. It is possible there isn't even a judgment and the collection agency is simply trying to scare you. As a starting point asking for a copy of the judgment from the collection agency or asking for a case number so you could call the clerk of court for the county it is out of to find out more information would be recommended. If it is a valid debt you could consider making a payment arrangement or looking at bankruptcy.

The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information.
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Bill Henry
BankruptcyFeb 4, 2021
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