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ANYONE PLEASE HELP ME ~ Need to Determine when SOL ends

Date: Wed, 11/19/2008 - 07:26

Submitted by whystimpy
on Wed, 11/19/2008 - 07:26

Posts: 15 Credits: [Donate]

Total Replies: 3


There was a judgment entered against me and another person in 1988 in California. I was originally contacted by the CA in 1992 and told of the judgment (I did not know about it). I orally agreed over the phone to payment arrangements and requested they provide me a letter reflecting our agreement. They never did send it but I continued to pay as we originally agreed because I am a responsible person. I know several years ago the CA proved up the judgment. During the coure of this ordeal I have repeatedly asked for our original agreement in writing both orally over the phone and in correspondence which I outlined our original agreement. I knew I had paid or was nearly paid off per per the 1992 agreement with the CA so six months ago I again requested the CA to provide me the original oral agreement in writing as well as a satisfaction of judgment. This time I was point blank told they won't provide me anything in writing regarding our agreement/debt. During the entire course of working with this CA I have now found NUMEROUS violations of the fdcpa. Judgment is in California and I moved to another state about 10 years ago. So now what should I do and what would be the new start date of the SOL so I know when it ends? I believe its 10 years is that correct? I do not believe I should pay the CA any more money since I paid what we originally agreed to. What options do I have if any while waiting for the SOL to end?


I responded to your post about a half hour ago but it didn't post. So, if it duplicates, it's because I thought the first one disappeared into cyberspace.

If your judgment is in Los Angeles County you can search for your case by the case number. You have to be registered with Pacer and pay a fee to search by name. Link to Los Angeles County:

lasuperiorcourt dot org


If your judgment is in Orange County you can search by party name, attorney's name or case number. Link to Orange County:

occourts dot org

If your judgment is with another court you will have to search for the court on the internet to find your case.

If it is in San Luis Obispo, I do know that their records are not available on the internet.

A judgment is valid for 10 years. It is also renewable for another 10 years. However, the renewal must be made before the expiration of the initial 10 years.

If they didn't get the renewal in a timely manner it is too late. The judgment is no longer enforceable.

There is a one year SOL on fdcpa violations. If you want legal advice you can leave a message at 949-878-5533. This is a message only number and I only listen to messages from those of whom I have invited to leave a message, such as you, Whystimpy.

Julie


lrhall41

Submitted by on Wed, 11/19/2008 - 22:04

( Posts: | Credits: )


Please go through the following page: -
Statute of Limitation on debts

Scroll down the page and find the section "Statute of Limitations on Judgments" where you will get the SOL limit of all the states in USA.
As far as I can remember, if you move out of state your SOL stops clicking for the entire period you're out of state and restarts again after you come back to the state. But I'm not sure about it. Someone there may help you better.


lrhall41

Submitted by phoenix on Thu, 11/20/2008 - 00:41

( Posts: 1445 | Credits: )


Julie, I believe its an LASC because the accident took place in Burbank. I have a Pacer account and will try to look it up under my name and see what they have filed. I appreciate the number and definitely will be calling you. I greatly appreciate your time as well as the time everyone else spend answering my question. Leslie


lrhall41

Submitted by whystimpy on Thu, 11/20/2008 - 07:41

( Posts: 15 | Credits: )