Default Judgement

Have you checked the statute of limitation of your state? If it has passed the limit then no one can take any legal action against you.

Legal action has already been taken so you comment is w/o merit. SOL is an affirmative defense to a suit but if you don't respond to the summons and show up in court then a default judgement will be entered against you SOL or no.

I would consider contacting a NACA attorney in your area. See if they think you have a shot at petitioning the court to vacate the judgement due to your medical issue. It may not work but is worth a shot.

www.naca.net

If the statute of limitations on the debt expired, then you can use that as a reason to set aside the default judgment. Some states permit a default judgment to be set aside automatically if the motion to vacate is filed within "X" number of days after the entry of default.

I would suggest that you consult with an attorney who handles consumer credit issues. You can get a referral from your local county bar association.

David...do you have a list of states that allow this?

PA is the only one that I know of. In NJ, the way the court rules are written and based on the case law, default judgments are supposed to be opened as a matter of course (w/in a reasonable amt of time) - but it doesn't always happen.

What's the time limit in PA?

Texas allows a motion for new trial , motion to set aside and vacate judgment as well as a restricted appeal within 180 days of a default judgment (Most civil cases, family cases are different as well as active duty military).
Your case is a "Sworn suit on account" case and that is going to cause you problems.
Texas uses the Craddock Test (see Craddock v. Sunshine Bus Lines) to 'test' if a default judgment should be set aside, this test consists of:
1) Failure to answer was not an act of conscious indifference - your medical claim may overcome this (?);
2) Can claim a meritorious defense - on a sworn suit on account - well you better contact an attorney as I bet you won't pass this test;
3) That the new trial will not prejudice the petitioner.

Bleh.. Site won't allow the link to more information search yahoo for texas default judgment or texas craddock test

Opps..
Follow up info.

Don't ask me where I saw that he was in Texas ?!?
Ignore the above info if you are not in Texas

You saw that in my Signature. Can you PM me those links?

if you have a judgement in texas how long is't good for

Quote:

It can only be renewed once.

So if you have a judgement against you it is only valid for a certain amount of time?? I have one against me from asset acceptance for a credit card I have never seen. I live in Ohio. Do you know anything about Ohio? I signed the papers when I was served. I was young and obviously DUMB! I had no idea what was going on. They have never levied my accounts or garnished my wages. But if you l;ook up my name on the clerk of courts you can see the judgement.