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Family Need Your Help Please. Old Haunting Bill ?

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Anonymous
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Family Need Your Help Please. Old Haunting Bill ?

Hello Family. First I want to say I've been here for 5 months or so and have learned a ton and want to thank you all and what a GREAT Community you all are !

 

First, I'm not in rebuilding scores are in the 790's accross the boards. I thought my life was going great, but was thown a little surprise the other day

that has me sick and sleepless !!

 

I tried my best to look for my answer but have come up empty, so need your help if anyone knows or could answer.

 

so heres my question:

 

Apparently I had a Judgement dated back in 2005 Unpaid.

It is NOT on any of my reports, I'm guessing it fell off 7 years probably sometime in 2012.

 

Never heard a thing about this from 2005 Till now.

 

Now, the letter I'm getting, says I'm being re sued (yes it made me feel sick sense I have good credit)

 

I do not want to fight this, dispute it Ect..  I JUST want my good credit and credit scores I have now.

 

So here's the question, If I pay this in full I realize it will change the status from "unpaid" To "Paid or Satisfied"

BUT Will this Re Trigger anything and Put back on my Reports ??

 

Like I said thers is NOTHING on my reports abouts this, and more than likely it dropped off in 2012.

 

Looking foward to your responce, and pray I get the answer I'm looking for so I can start sleeping again !!!

 

and of course thank you for being a great Community !!

 

 

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2 REPLIES 2
Anonymous
Not applicable

Re: Family Need Your Help Please. Old Haunting Bill ?

Personally, I would ask an attorney in your state before doing anything.  Judgement language is very confusing.  Here in PA the statutes say a judgement is 'collectable for 20 years" but also says a judgement must be 'revived' within the first 5 years from the first filing date by filing a precipace to be effective another 5 years.

 

Very confusing so I would seek out a debt attorney locally and see what your state says before paying anything.  Is the letter you received from the OC?

 

My sister in law has some collection company seeking her out, I know this because my mother in law received a series of calls at her house and the CA left messages on her answering machine threatening that my sister in law would be getting "served today or tomorrow at her home and place of employment" blah blah blah.  Well my mother in law was all upset, I called the number back and let them have it.  #1 in PA, only the sheriff can serve someone and number 2 my sister in law has not lived with my mother in law in over 20 years.

 

Just saying, best to run in by an attorney in a free consult before doing anything.  It could be an illegal collection tactic by some third party.  Protect yourself and at least know whatever you need to do you got legal guidance first.

Message 2 of 3
RobertEG
Legendary Contributor

Re: Family Need Your Help Please. Old Haunting Bill ?

If they already obtained a judgment, then you most likely are not being "re-sued," as the matter was resolved in favor of the plaintiff.

It is most likely a motion on their part to extend the period of enforceability of the judgment, thus enabling them to continue to recover the debt through the court.

To be sure of what they are attempting, you certainly should consult an attorney.

 

As for credti reporting, the statutory provision for exclusion of a judgment is defined under FCRA 605(a)(2) as the later of 7 years from the date of entry of the judgment, or the statute of limitations on enforceability of the judgment.

The CRA may rountinely exclude at 7 years from date of entry of the judgment, but technically, if the judgment is still enforceable, the exclusion period is extended.

Thus, it is possible for the judgment to be re-entered into your credit report.  I am not saying it will, but legally it could.

 

If you pay, then the issue becomes moot, as the judgment is satisfied, and thus there is no longer a statute of limitations running on its enforceability.

If you pay, it cannot be reinsered in your credit report.

Since you apparently have an enforceable judgment, which could result in contnued legal actions, such as garnishement, I would pay it.

 

 

 

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