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Judgment after SOL period

Date: Mon, 02/13/2006 - 09:51

Submitted by anonymous
on Mon, 02/13/2006 - 09:51

Posts: 202330 Credits: [Donate]

Total Replies: 10


Hi! I was just wanting to understand how a collection agency was granted a judgment against me when I went to Court today for an acct that the date of last activity was 11/1999. I appeared in court with the SOl as my defense and the collection agency was granted a judgment against me. I still don't know what happened. Can anyone help?


Daisy, do you have a lawyer to help you in this case? Before you proceed with any actions, make sure that the last activity made on this account was in fact 11/1999 and after that, you never made any payment. You will be able to make your case stronger only with such defensive actions.

Also, as per the FCRA laws, this account should not have remained in your credit file after the 7 years period. You should take some legal counseling and make your case stronger. Appeal the judge with your defense so that you get the justice in a fair way.


lrhall41

Submitted by david on Mon, 02/13/2006 - 13:16

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Thank you for your reply. I was confident that this case would be dismissed due to the SOL period and was totally shocked when a judgment was granted. I guess I did not defend myself aggressively enough even though the Court had all the documents and my answer to the Court asking if this matter was out of the SOL Period. Will I be able to appeal the decision myself or will I need to consult an atty? Thanks again.


lrhall41

Submitted by on Tue, 02/14/2006 - 05:35

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I am unable to find an atty to represent me. I went to legal aid but I am afraid the process is one I will not win like the initial court hearing. What I want to know now is what happens now that the Judgement has been granted? If it wasn't for bad luck I would have no luck at all. Although there are worse things by far that I could be going through. I would just like to kinda get an idea of what to expect. I owe the debt and wish I would have not have gotten sued but I thought I had a legal defense with the SOL but I needed an atty to help me because the collection agency won. I would rather have paid the original creditor than the collection agency. Oh well you live and you learn and if this helps anyone else that will be good. Thank you!


lrhall41

Submitted by on Thu, 02/16/2006 - 14:24

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Daisy, after a valid judgment gets issued, the judge will analyze your financial situation. He will study your total income as well as expenses and then only decide to garnish your wages. If you are employed, your wages can get garnished up to 25% after deducting the disposable income.

You can have some information about the lawyers from the local court also.


lrhall41

Submitted by david on Thu, 02/16/2006 - 15:45

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You could also look up the exemptions in your state, such as the homestead exemption.


lrhall41

Submitted by on Mon, 03/20/2006 - 18:16

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