How find out if lawyers have a judgment against me?

[forumhelp99]

Jurisdiction

California

Defaulted credit card from years ago got sent to attorneys recently (last few months) for debt collection. I'm concerned if I deposit any money into my account it will be automatically held / withdrawn due to a possible judgement from attorneys.

I read I have to be notified in writing, but I no longer live at the address where my bank account was opened.

Is it true that if attorneys give a judgment to the sheriff - sheriff serves a "specific" bank or banks that the attorneys know about and instruct them to serve?

So if I open a new account at a new bank, it would take some time before the attorneys learned of this new account and would again have to ask the sheriff to serve this additional bank also?

I imagine the lawyers could just fax something or make a phone call to get the new bank served...??

So it wouldn't necessarily take very long time for the new bank to get served - maybe less than a week...??

I need to know if there is a judgment against me already. How?

I heard my bank is not legally allowed to tell me if a sheriff has served them a lien/judgment against me.

If I call the attorneys I don't trust that they would tell me the truth...maybe.

I wonder if they do payment plans, but a small amount like $50 month.

 

[adjusterjack]

I can only answer two questions.

1 - If your wages get garnished or your bank account gets levied your money is gone in a heartbeat and you would have to petition the court to stop or reverse it. The other "what if" questions I don't care to speculate. Speculation is futile.

2 - You can search your name on your county court website to find any judgments against you.

 

[zddoodah]

Defaulted credit card from years ago got sent to attorneys recently (last few months) for debt collection.

How many years ago? How did you become aware that this was "sent to attorneys" within the "last few months"?

I'm concerned if I deposit any money into my account it will be automatically held / withdrawn due to a possible judgement from attorneys.

Nothing like that can happen automatically unless your savings account is at the same institution from whom you obtained the credit card.

Is it true that if attorneys give a judgment to the sheriff - sheriff serves a "specific" bank or banks that the attorneys know about and instruct them to serve?

This isn't a coherent sentence.

Here's how this works if you default on a credit card (and none of this happens with simple phone calls, and virtually no one uses fax machines anymore):

1. The credit card issuer or its assignee will file a lawsuit against you. Generally speaking, in California, that will happen, if at all, within four years after the date of default.

2. The summons and complaint will be served on you. Unless you live out of state, service must be made (a) to you personally, or, after at least two unsuccessful attempts to serve you personally, (b) by handing the papers to another adult at your residence or at your place of employment.

3. If you respond to the lawsuit and lose or fail to respond, then the creditor will obtain a judgment against you. That judgment will typically include the defaulted balance, pre-judgment interest (usually at a very high rate), attorneys' fees and costs of suit.

4. The judgment creditor will obtain from the court a writ of execution.

5. The judgment creditor will deliver the writ of execution, along with instructions, to the county sheriff to serve a levy on a bank.

6. If you have an account with the bank, then it will freeze the money in the account at the time of service of the levy and, if you fail to challenge the levy, will deliver that money to the creditor.

I need to know if there is a judgment against me already. How?

Google "[name of county] superior court civil case search." Not every county will allow you to run such a search online (surprisingly, the most populous county in the state does not). If you're in a county that doesn't have online search functionality, you'll have to go down to the courthouse. If your current county of residence is different from where you were when you defaulted, you may have to make two trips.

I heard my bank is not legally allowed to tell me if a sheriff has served them a lien/judgment against me.

Please tell whoever told you this that he/she is wrong.

If I call the attorneys I don't trust that they would tell me the truth.

Why not?

I wonder if they do payment plans, but a small amount like $50 month.

How much is the principal balance owed?

P.S. None of the questions I asked were for my personal amusement. I asked them all for good reason. If you want useful information in response, please answer all of the questions. I say this because folks at boards like these often answer one or two questions and ignore others.