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A new judgement just appeared-ughh.

Frequent Contributor

A new judgement just appeared-ughh.

A Judgement just appeared on my CR'S(EXP and TU) from bill from well over 10 yrs ago- it was my lowest of bills that I was to pay off so I kept it for last-then I learned about the Statute of Limitations in my area(NJ)-didn't hear anything till I received a letter in the mail saying that they were filing a civil claim-was told that this was a tactic in order for you to recognize the debt and as soon as you do or make arrangements to pay, it starts all over again and it's put on you CR-well it just appeared today- since it's reporting and says it will be reporting till 2018(ughh), should I simply pay it off or dispute.

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Message 1 of 6
5 REPLIES
Senior Contributor

Re: A new judgement just appeared-ughh.

 


anderl wrote:

A Judgement just appeared on my CR'S(EXP and TU) from bill from well over 10 yrs ago- it was my lowest of bills that I was to pay off so I kept it for last-then I learned about the Statute of Limitations in my area(NJ)-didn't hear anything till I received a letter in the mail saying that they were filing a civil claim-was told that this was a tactic in order for you to recognize the debt and as soon as you do or make arrangements to pay, it starts all over again and it's put on you CR-well it just appeared today- since it's reporting and says it will be reporting till 2018(ughh), should I simply pay it off or dispute.


 

I don't see any legitimate reason to dispute it with the credit bureaus.  It was your debt and you relied on foolish advice not to answer the summons & complaint.

 

What you may be able to do is see what your state's statute of limitations is and whether or not you can reopen a default judgment based on an expired SOL.  You say the debt is from ten years ago and there is virtually no way they should have been able to sue you after such a long period of time for simple credit card debt.

IAALBNYL
Message 2 of 6
Valued Contributor

Re: A new judgement just appeared-ughh.

If the debt is 10yrs ago, why would the CBs allowed them to put a judgement on the report?

Message 3 of 6
Senior Contributor

Re: A new judgement just appeared-ughh.


tntexans72 wrote:

If the debt is 10yrs ago, why would the CBs allowed them to put a judgement on the report?



While the debt may be from 10 years ago, the judgment is recent.  SOL is a defense, but it appears it wasn't presented, so the creditor obtained a default judgment. 


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Message 4 of 6
Frequent Contributor

Re: A new judgement just appeared-ughh.

Out of curiosity, who are the attorney's and the original creditor?

 

The cardholder agreement may have stated a different governing law rather than NJ.

Message 5 of 6
Highlighted
Senior Contributor

Re: A new judgement just appeared-ughh.


seruby wrote:

Out of curiosity, who are the attorney's and the original creditor?

 

The cardholder agreement may have stated a different governing law rather than NJ.


What the cardholder agreement states about venue is largely irrelevant.  9.5 times out of 10 the debtor in consumer credit cases must be sued in the state in which they currently reside.

IAALBNYL
Message 6 of 6