Judgement Question - SOL

[Anonymous]

Hello! I had a joint account with my father through Capital One.  He passed away 5 years ago.  I was unaware at the time, but the account went into collections and then it appears a judgement was entered in/around 2007.  I think he just forgot to pay the card and was never made aware.  After he passed away, I started getting letters about this account which was really the first I was aware of it's derog status.  The account was opened around 2004, went to collections in 2007.  They renewed the judgement against me on 4/15/15 for $1673.52.  I haven't heard anything about this until today when I received a letter from the collection attorney asking me to make a one time payment to settle it.

This is not my debt, it was my fathers even though I truly believe he was not aware of it - he was impeccable with his credit.  

What is the statute of limitations on this debt - what can they do ?  Does it make sense to pay it?  It doesn't show on my CR, only in a judgement search with the county.  

Thanks in advance for any insight.

[Anonymous]

They have obtained a judgement - that is a court order to pay, regardless of the underlying validity of the original debt. It's way too late now to go back and have to court review any dispute of its validity. If you do not pay it, they can seek a garnishment from your employer (should they find out where you work). If you are "uncollectible" meaning you have no source of income that can be taken, then I would not be concerned. Otherwise it might be a good idea to try to make a settlement offer.

[RobertEG]

The statute of limitations that is now in effect is the period of enforceability of the judgment, not the period for initiating civil action.  Two separate periods.

Renewal of the judgment in 2015 means that the period of enfoceability of the judgment was extended.

That has two important implications.

First, they can at any time while the judgment remains enforceable, make a motion to the court to obtain a "writ of satisfaction," which is a separate order of court that permits specific actions to force payment of the debt, such as attachment of assets (the sheriff shows up at your door and takes property), or by garnishement of pay.

Second, the judgment can remain in your credit report as long as the period of enforceability remains in effect.  FCRA 605(a)(2).

While the CRAs may choose to exclude a judgment after 7 years from its date of entry by the court, that is not required under the FCRA.

Assertions as to responsibility for the debt were issues that must have been rasied in the trial that led to the judgment.

Court award of the judgment is a finding of its validity.

[Anonymous]

Thank you for your responses.  On the sherriff issue -what type of property can they take that would satisfy the $1600?

[rmduhon]

That depends on your state of residence, but generally speaking it could be almost any item of value.

[LShan82]

How long are enforceability periods? Does it very by sState? if so, how would I find out?

[rmduhon]

It would vary by state. Try googling judgement enforcement for your state.