debt collection
Date: Sat, 08/07/2010 - 08:57
NES collection agency is trying to collect a debt that is no longer on any of my 3 credit reports. I told them it is not on my credit report but they said that it will be placed back on if I do not pay. And that a judgment will be placed against me. The creditor took the case to court years ago (2002), but I had nothing to pay so they could not collect. This debt is ten years old. Is what they are saying possible? Can they collect from me even if it is no longer on my credit report? Please help, they have been calling and asking for payment but I'm still trying to research before agreeing to pay.
If they got the judgment in 2002, then the judgement may be vali
If they got the judgment in 2002, then the judgement may be valid and enforceable. The SOL clock starts ticking all over again from the date that the judgment is rendered.
What state are you in?
Even if it is not on my credit report, can they still enforce it
Even if it is not on my credit report, can they still enforce it?
If they got a judgment on you in 2002, there is a 12 year SOL in
If they got a judgment on you in 2002, there is a 12 year SOL in Maryland. The judgment SOL goes from the day they got it.
If it is court record, they can enforce it.
Ok, I gotta pay it then. They caught it right on time (before th
Ok, I gotta pay it then. They caught it right on time (before the 12 yr SOL)...
Thank you so much! Your info really helped me.
One more thing, will they try to sue me even if I have nothing t
One more thing, will they try to sue me even if I have nothing to garnish except my pay check? I do not own a house, property, or a car.
Did they not already get a judgment agaisnt you when they took y
Did they not already get a judgment agaisnt you when they took you to court in 2002? that is suing you.
OK then. I was just thinking NES is one of those scavenger debt
OK then. I was just thinking NES is one of those scavenger debt collectors. They did mention that they bought the judgment/debt from the original creditor. I was not sure if they can still sue me for it.
You are not understanding...they do not have to sue you again if
You are not understanding...they do not have to sue you again if you have already been sued. If they bought the paper, they have the right to enforce it, thru garnishment or levies.
According to Maryland Law the SOL for written or oral contracts
According to Maryland Law the SOL for written or oral contracts is three years not twelve! I will confirm this with my legal resources to be sure!
Judgment sol
Quote:
Originally Posted by frogpatch According to Maryland Law the SOL for written or oral contracts is three years not twelve! I will confirm this with my legal resources to be sure! |
Judgments are usually in the 10 year range, and some states, at the end of the sol range, allow the sol to be reinstituted. If a state's judgment sol is 10 years (most likey", depending upon the decision of the entity holding the judgment, at the end of 10 years, they just ask for a renewal of 10 years. The 3 years number for oral/written contracts has nothing to do with court judgments.
first off, we are dealing with two different SOL issues here. T
first off, we are dealing with two different SOL issues here. The first is the credit reporting SOL--NES told you that unless you pay, it will go back on your credit report. This is 100% false, and illegal in two ways for them to tell you. It is a violation of the FDCPA as well as the FCRA. The second SOL is for judgments, and that is indeed 12 years in your state. And as stated already, they do not need to sue you again--they only need to act to enforce the judgment you already had against you. If you have no bank accounts to levy, they will likely go after your wages and have those garnished.
Last I knew, Maryland allowed a legal rate of 10% interest per year on judgments--this is simple interest, non-compounding. For example, lets say you had a judgment against you for $1000. The interest would be $100 for every year that no money was paid. So, it has now been 8 years or so for your judgment. That means, in this example, you would now owe a total of $1,800 instead of the original $1000.
I stand corrected on this! I read this with tired eyes!
I stand corrected on this! I read this with tired eyes!