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Established Contributor
Posts: 616
Registered: ‎01-04-2009
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Sigh...really bad timing!

My WF secured card just turned a year old a few weeks ago, and I was really looking forward to it possibly graduating perhaps on the next statement period.  I have $1000 deposited and they also increased my limit by a bit after the 6 month mark.  Well, I ended up running up 700-800 on the card at the end of the month because I was moving, thinking I could pay it all off soon...but I just got laid off on the 28th.  To add to that, a week prior, the collection's agency for a almost 6 year old Chase account decided to file a judgement against me for $3000 (I think the original debt was around 1200 or so?).  They refused any installment plan, and I'm not in any position to pay $3000 at the moment...so other than showing up in court and contesting the amount they are requesting...I'm not sure what else I can do about that.  Honestly I should have paid it off when I had the chance, but was stupid and thought it would just age off if I let sleeping dogs lie. 

 

So anyway, sob story aside...do you think there is any chance that WF will graduate my card if a judgement is put on my credit file?  Does the judgement fall off my report at the same time as the original debt, or does it reset the clock all over again?

                    
    $17.3K          $500              $7K              $15K              $5K             $2300          $3200          $2000          $1500          $1000           $8100

Garden Since: 9.25.2013
Senior Contributor
Posts: 4,214
Registered: ‎09-12-2008
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Re: Sigh...really bad timing!


vonMannstein wrote:

My WF secured card just turned a year old a few weeks ago, and I was really looking forward to it possibly graduating perhaps on the next statement period.  I have $1000 deposited and they also increased my limit by a bit after the 6 month mark.  Well, I ended up running up 700-800 on the card at the end of the month because I was moving, thinking I could pay it all off soon...but I just got laid off on the 28th.  To add to that, a week prior, the collection's agency for a almost 6 year old Chase account decided to file a judgement against me for $3000 (I think the original debt was around 1200 or so?).  They refused any installment plan, and I'm not in any position to pay $3000 at the moment...so other than showing up in court and contesting the amount they are requesting...I'm not sure what else I can do about that.  Honestly I should have paid it off when I had the chance, but was stupid and thought it would just age off if I let sleeping dogs lie. 

 

So anyway, sob story aside...do you think there is any chance that WF will graduate my card if a judgement is put on my credit file?  Does the judgement fall off my report at the same time as the original debt, or does it reset the clock all over again?


What state are you in?  What is your DOLA on this account?  What is your state SOL?  What is the DOFD?  And is this account currently reporting on your CR?

 

If the account is beyond SOL, then you need to enter a defense of estoppel by limitations (statute of limitations).  Most states are less than 6 years, though a few are more (for example Ohio is 15 years).

 

If the SOL has expired, then you can prevent the judgement.  If your DOFD is almost 6 years, then you are only 1.5 to 2 years away from it being beyond CRTP.

 

But my main point is that if you can block the suit and prevent a judgement due to SOL, then the CA will be much more willing at that point to accept a settlement or payment plan and for much less than originally owed.

 

 

 

 

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09/03/2009 TU: 777, EQ: 776 ($8 balance on an account dropped me out of 780's)
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Valued Member
Posts: 44
Registered: ‎05-12-2008
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Re: Sigh...really bad timing!

You can at least prevent a "Default Judgment" just by showing up in court.  at least if you go to court perhaps you can speak the attorneys and possibly work out a payment plan prior to the judge actually declaring judgment for the plaintiff.

 

I personally have avoided default judgments by collection agencies just by showing up and stating to the judge that I dispute this debt.  This worked one time because the CA didn't show up, but I did!  it was declared a "non-suit".

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Established Contributor
Posts: 616
Registered: ‎01-04-2009
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Re: Sigh...really bad timing!

txjohn,

 

I'm in MN and at least according to a google search the SOL is exactly 6 years.  The debt went late in mid-Oct 2003 so unfortunately I can't attempt to dismiss the judgement on those grounds.

 

jkfaria,

 

That is encouraging.  I will definitely try and find out as much as I can about forcing the collection agency to validate the debt and also any accompanying extraneous charges they may have tried to tack on for the case.  I do have the capacity to pay something, and honestly would be perfectly willing to work out a reasonable payment plan rather than having a judgement on my record for 7-10 years.

 

 

                    
    $17.3K          $500              $7K              $15K              $5K             $2300          $3200          $2000          $1500          $1000           $8100

Garden Since: 9.25.2013
Senior Contributor
Posts: 4,923
Registered: ‎04-19-2009
0

Re: Sigh...really bad timing!

Do not default! Have you received a summons yet? Saying you are going to sue and suing are two different things. If the do sue show up in court and make them prove that you owe the money and that they have a right to collect it. They may not be able to.
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