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Default judgement from 2005 now has recent activity?

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Kirmie2010
Established Contributor

Re: Default judgement from 2005 now has recent activity?

I dont think you can cease and desist a judgement, unless its past its time limit.  Most judgements are off your report but are still enforcable for sometimes 30 years depending on state.

 

I dont know your states SOLs, where I am...

 

Its on my report for 7 years, they have 10 years to collect, at 10 years they can renew it for another 10 years to try and collect.  If they do not renew after 10 years, judgement is over.  (if you are not making payments)

 

One of my judgements was sold atleast 4 times since I got it in 2008, 3 of mine are now owned by the same company. 

 

I dont know your state time frames but that more recent may of been a renewal by a new company, if it was and they were awarded the case you probably are on the hook for another 10 years.  (or whatever your state says)

 

It shouldnt be re-sueing you but a renewal of the original.  I never got paperwork when my judgement changed companies.

 

If its past the SOL for it to be on your report, it wont come back and if it does you can dispute it off.   So unless you are going for a home loan or something like that its not going to change much credit report wise.  

 

Attourney thing isnt too weird.  Most know eachother, work nearby, go to lunches together, any oddness in who represented who may of been a mis-input by the clerk.

 

*edit*

I just realized this was all in 2005, so yes, its most likely them just renewing the debt so they can keep trying to collcet from you.  (its been 10 years)

 (from some judgement/bank site)

"In general, judgments remain enforceable for 10 years (in some states, such as my creditor-friendly state of Rhode Island, it's 20 years) from the date entered or filed with the courts. However, many states allow the creditor to renew the judgment if it is not paid during the initial 10-year period. "

Message 11 of 14
rckstrscott
Valued Contributor

Re: Default judgement from 2005 now has recent activity?


@Kirmie2010 wrote:

I dont think you can cease and desist a judgement, unless its past its time limit.  Most judgements are off your report but are still enforcable for sometimes 30 years depending on state.

 

I dont know your states SOLs, where I am...

 

Its on my report for 7 years, they have 10 years to collect, at 10 years they can renew it for another 10 years to try and collect.  If they do not renew after 10 years, judgement is over.  (if you are not making payments)

 

One of my judgements was sold atleast 4 times since I got it in 2008, 3 of mine are now owned by the same company. 

 

I dont know your state time frames but that more recent may of been a renewal by a new company, if it was and they were awarded the case you probably are on the hook for another 10 years.  (or whatever your state says)

 

It shouldnt be re-sueing you but a renewal of the original.  I never got paperwork when my judgement changed companies.

 

If its past the SOL for it to be on your report, it wont come back and if it does you can dispute it off.   So unless you are going for a home loan or something like that its not going to change much credit report wise.  

 

Attourney thing isnt too weird.  Most know eachother, work nearby, go to lunches together, any oddness in who represented who may of been a mis-input by the clerk.

 

*edit*

I just realized this was all in 2005, so yes, its most likely them just renewing the debt so they can keep trying to collcet from you.  (its been 10 years)

 (from some judgement/bank site)

"In general, judgments remain enforceable for 10 years (in some states, such as my creditor-friendly state of Rhode Island, it's 20 years) from the date entered or filed with the courts. However, many states allow the creditor to renew the judgment if it is not paid during the initial 10-year period. "


Thanks for your repsonse.. I had previously considered most of what you indicated.

 

I think my next step is to go to the courthouse and pull all the documentation I can on this case.. In Illinois, the law does state abode summons service is acceptable but the address on my court case is an address I never lived before... The docket says I was served. I am interested to see how the in fact served me when the address they had was never mine, nor the employer they had on file.... hmmmmm

 

Smiley Happy thanks for taking the time to respond, I appreciate everyones input and stance..

Starting FICO Score: October 2010: TU 498 | EQ: 502
Current FICO Scores:: May 2022: TU: 784 | EQ: 770 | EX: 790
Message 12 of 14
Anonymous
Not applicable

Re: Default judgement from 2005 now has recent activity?

I believe civil cases can serve via publication in area newspapers. I know banks often do it with foreclosures if they are unable to locate the individual(s) being served.

Message 13 of 14
Anonymous
Not applicable

Re: Default judgement from 2005 now has recent activity?


@Anonymous wrote:

I believe civil cases can serve via publication in area newspapers. I know banks often do it with foreclosures if they are unable to locate the individual(s) being served.


Its hard to tell from the summary, but it looks as if several unsuccessful service attempts were made. They probably resorted to newspaper publication.

Message 14 of 14
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