Michael J Scott

what state are you in?anyway first check with your court clerk to verify this as i have never heard of an "abstract judgement"maybe someone else has,but i haven't.check that and if you were never served and this is the case motion to vacate the judgement on the grounds of improper/lack of service.do that first then let us know what you find out.

It's "abstract of judgment."

In some states this is a document provided by an attorney or the clerk of courts which is used to prove that a judgment has been rendered. Once obtained, the abstract can then be filed in another jurisdiction, where it constitutes notice of a judgment lien.

This indicates to me that they may have obtained a judgment against you in a county other than the one where you currently reside. I advise you do some checking right away to find out where that judgment was obtained (or if it was obtained, they could be pulling your leg to scare you). If there is a judgment, you may still be able to get it vacated due to improper service (I'm assuming you were never served a summons?).

I am in Texas. I have verified with Dallas County that they have the abstract of judgement, yet my address at the time which is on the documents is Collin County. I am positive I have never been served anything at all. Plus the fact I honestly don't believe this is my debt. I never had a credit card at the time they say it was opened and have never had a card with BOA at all.

Did you have a card with MBNA?

No I know for a fact I did not have any credit card in 2001 when it states the account was opened.

Then you need to file a motion to have the judgment vacated due to improper service. Once the judgment is vacated, you need to dispute it right away. Does it show up on your credit bureau reports?

OK OhioGal1;

Here is my question on this one. If he can actually get the court to vacate due to improper service, then would the SOL defense kick in if they tried to sue him again. He said it was from 2001. Once the judgement is gone, does anything else change. I assume they would have to sue again.

Keep on doind what you do. You are a help to us all.

First things first---the OP indicated that the judgment is supposedly from Dallas county when he lives in a different county. Your first reason for filing motion to vacate would then be improper venue--since you do not live in the county where they appear to have sued you, they sued you in the wrong place. I would list both improper venue and improper service--because you do not live in that jurisdiction, and for improper service because they never had you served with the summons that is required by law.

And yes, once this gets vacated, SOL would apply as long as the SOL period in that state has expired....and in Texas, I do believe that the SOL is less than 10 years. So, then, focus on motion to vacate to the actual court where the judgment took place. Then, once it is vacated, if they try again, you should be able to use SOL as your affirmative defense. Remember this too now--SOL applies to when the debt first became delinquent, not when it was first opened. So, the account could have been opened in 2001, but became delinquent in 2008....if that is the case then it is still within SOL. But we'll cross that bridge when we get to it--first, file the motion to vacate.