Reply
Frequent Contributor
Posts: 252
Registered: ‎06-08-2009
0

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.

Amex Platinum Charge(NPSL); Starwood Amex Preferred CC(20K CL); Diners Club ELITE MC(20K);Diners Club Premier MC(20K,could've sworn the rep said 25k, oh well lol);Delta Amex Reserve CC(21K CL); Amex PRG Charge(NPSL); United Presidential Plus Chase World Elite MC (15K CL); AARP Chase Visa Signature(35K CL); NFCU Visa Platinum(20K CL) NFCU LOC(15K); NFCU Go Rewards MC(17.5K); Disover IT 7.8K;
First Tech Federal Visa Platinum(15K CL); Simmons First Visa Platinum(9K CL); Wells Fargo Visa Platinum(7.5K CL); CitiBank Sears MC(6K CL); JCPenney Card(7.5K CL); Lowes(2.5K CL);Barclays Mile & More Lufthansa 12.5K.
Senior Contributor
Posts: 3,626
Registered: ‎10-13-2009
0

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
Valued Contributor
Posts: 1,072
Registered: ‎04-24-2008
0

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?

Senior Contributor
Posts: 3,065
Registered: ‎11-02-2009
0

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. 


Starting Score: ~500 (12/01/2008)
Current Score: EQ 681 (04/05/13); TU 98 728 (01/06/12), TU 08? 760 (provided by Barclay 1/2/14), TU 04 728 (lender pull 01/12/12); EX 742 (lender pull 01/12/12)
Goal Score: 720


Take the FICO Fitness Challenge
Regular Contributor
Posts: 184
Registered: ‎03-09-2009
0

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.

Senior Contributor
Posts: 3,626
Registered: ‎10-13-2009
0

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
Advertiser Disclosure: The listings that appear on myFICO are from companies from which myFICO receives compensation, which may impact how and where products appear on myFICO (including, for example, the order in which they appear). myFICO does not review or include all companies or all available products.

Copyright ©2001-2015 Fair Isaac Corporation. All rights reserved.   | Terms of Use | Privacy Policy | Sitemap

IMPORTANT INFORMATION: All FICO® Score products made available on myFICO.com include a FICO® Score 8, along with additional FICO® Score versions. Your lender or insurer may use a different FICO® Score than the versions you receive from myFICO, or another type of credit score altogether. Learn more

FICO, myFICO, Score Watch, The score lenders use, and The Score That Matters are trademarks or registered trademarks of Fair Isaac Corporation. Equifax Credit Report is a trademark of Equifax, Inc. and its affiliated companies. Many factors affect your FICO Score and the interest rates you may receive. Fair Isaac is not a credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act. Fair Isaac does not provide "credit repair" services or advice or assistance regarding "rebuilding" or "improving" your credit record, credit history or credit rating. FTC's website on credit.