SOL is over - then Debt Collection

Date: Sun, 02/24/2008 - 16:28

Submitted by anonymous
on Sun, 02/24/2008 - 16:28

Posts: 202330 Credits: [Donate]

Total Replies: 7

When I was 18 I had a credit card, I stopped paying and the card went to collection and I didn't hear from anyone. Last year, when I was 29 I have my credit pulled and find out that in 2005 the collection agency received a judgment against me - I knew nothing about it because I had moved. Obviously the statutes of limitation were over when they filed judgment, what do I do to get the judgment off my report? The credit card is no longer on the report.

I never received a summons and knew nothing about the collector.

You need to contact the court and get that judgement vacated for

You need to contact the court and get that judgement vacated for improper service. Then you can have it removed from your credit report. If the company then tries to sue you again, you can be ready for them and claim SOL and get it dismissed with prejudice.

lrhall41

Submitted by goldenbast on Sun, 02/24/2008 - 17:17

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You need to find out when they obtained a judgment. Those sucker

You need to find out when they obtained a judgment. Those suckers can stay on for around 10 years I think.

lrhall41

Submitted by FYI on Sun, 02/24/2008 - 17:55

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Go with Goldenbast's advice. By law, they have to serve you befo

Go with Goldenbast's advice. By law, they have to serve you before the court date. If they didn't, you have grounds to have the judgement vacated [improper service]. You may also have grounds to file suit against the company that obtained the judgement.

lrhall41

Submitted by unclewulf on Sun, 02/24/2008 - 18:10

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Actually some states and counties allow that all someone needs t

Actually some states and counties allow that all someone needs to do is place an ad in the paper for a certain length of time in the city/county you live in and that is considered proper notice.

It's important that you review your state laws to determine what proper notice is.

lrhall41

Submitted by FYI on Sun, 02/24/2008 - 21:46

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hmmn....I would indeed follow state laws actually...

lrhall41

Submitted by socksfullofrocks on Thu, 02/28/2008 - 02:08

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[quote=FYI]Actually some states and counties allow that all some

[quote=FYI]Actually some states and counties allow that all someone needs to do is place an ad in the paper for a certain length of time in the city/county you live in and that is considered proper notice.[/quote]

I've never encountered a place where service by publication was legal as a first option. Most places where that's legal, they have to at least attempt 'real' service first.

[quote=FYI]It's important that you review your state laws to determine what proper notice is.[/quote]

Agreed.

lrhall41

Submitted by unclewulf on Thu, 02/28/2008 - 16:17

( Posts: 3172 | Credits: )

cr

If you have ANY sort of debt, on your CR, and the SOL is up, IS it legal for a CA (etc.) to contact you about it?

lrhall41

Submitted by sdchargers_63 on Thu, 02/28/2008 - 22:35

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