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Civil claim judgment

Date: Tue, 05/17/2011 - 10:42

Submitted by anonymous
on Tue, 05/17/2011 - 10:42

Posts: 202330 Credits: [Donate]

Total Replies: 7


I have recently checked my credit report and saw two civil claim judgements on it. One was filed in Jan'06 and the other was filed in July'08. The status on these two debts was "Civil Claim Judgment" and the details were "This item is scheduled to continue on record until Jan'13 and Jul'15 respectively. My question is what should I do as the next step, Can I leave it alone and let assume it will be dissappear in 4-5 years. If I did that will there be somebody knocking on my door and take me to jail or wait for me at the airport while checking in?? I am sorry that I have to think for the worst. Thank you for your help.:confused:


first... NO they cannot take you to jail. So you can stop worrying about that.

Second, it sounds like someone sued you, you didn't respond, and they got a default judgment against you.

If it were me, I would call a lawyer ASAP. They will be able to shed some light on what exactly happened with these judgments. Many offer an initial consultation for free.

Good luck.


lrhall41

Submitted by anonymous on Tue, 05/17/2011 - 13:50

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You dont need an attorney.

Were you served for either of the judgments? Did you answer the summons?

If you were not served, you can contact the court and petition to have the judgments set aside for lack of service.

If you were served and failed to answer, what state do you live in? Each state has an SOL in which they can execute the judgment, whether that be thru wage garnishment or bank account seizure.


lrhall41

Submitted by SOAPLADY on Tue, 05/17/2011 - 16:26

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So I really don't need an attorney?
I was not served for either of the judgments and didn't answer the summons.
"If you were not served, you can contact the court and petition to have the judgments set aside for lack of service" How do I go about doing that since I do not have the summons with me. I knew about them from my credit report.
I lived in NY and from the sites that you've sent it's 6 years for SOL but from the credit report it seemed to be 7, do I have correct information so far?
Thank you so much SOAPLADY for a very informative information.


lrhall41

Submitted by anonymous on Tue, 05/17/2011 - 21:14

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The SOL on judgments is 10 years in New York. They can appear on your credit report for 7...these are different SOL's.

Contact the clerk of the court and get details on when and where you were served. If it is evident you were not served, talk to the clerk for the correct paperwork to petition the court to have these judgments set aside. When was the date of your last payment on these accounts before the judgement? As long as it is 6 years, they cannot come after you again....or it they do, you would have a valid defense.


lrhall41

Submitted by SOAPLADY on Wed, 05/18/2011 - 03:29

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As I can remembered the last payment or any activity on these account were in 2000 or even before that.
"As long as it is 6 years, they cannot come after you again....or it they do, you would have a valid defense" So I should keep an option of having the attorney presence in this case right?

Thank you so much again SOAPLADY, for a very helpful advice.


lrhall41

Submitted by anonymous on Wed, 05/18/2011 - 08:40

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