judgement

Since the bankruptcy was not filed, they were within their legal right to proceed with the judgment. However, the judgment will be discharged in bankruptcy so they spent money suing you for nothing.

Hello Soap Lady, I have read many of your responses to some other people and hoping that you can give me some advice. I hade a BOA credit card debt that was charged off. My last payment accordingto my credit report was 9/07, I couldn't make payments anymore and stopped. Tried to settle at one point and the BOA person we talked to said it had already been charged off, that it was done. then a year later about 12/08 I recieved a summons, we replied that wasn't our debt, because the numbers were off and name mispelled asked them to validate. Haven't heard a thing in 2 years and now I find out that they have filed jdgmt this month sept 2010. How does the SOL apply, or does it. We never recieved any validation of the debt or any written documents. We thought it was over. Any words of advice?

Did you not follow up or what the court dockets to know when you were suppose to appear in court? When you answer a summons, that is not the time to be requesting validation of the debt. ....that should have been done under seperate letter to whatever attorney was holding the account. Names get misspelled (clerical error) and account numbers dont always jive dependiing on who is holding the account.

SOL probably doesnt come into pay cause the initial filing was done in 2008 which would put in SOL in all states.