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Hi,
I just received a phone call from Portfolio Recovery and the person on the line claimed that he had a judgement against me. He gave me a case number and I am going to go to the court house to check it out tomorrow. He claimed the judgement was from 2010. The DOFD was 7/2007 on this debt so it's past the SoL.
Is it possible that there is a judgement and Portfolio has done nothing about it for 4 years? Whille there is a collection for Portfolio Recovery on my credit report there is no judgement for this. Are they just trying to get me to pay on an old debt?
Thanks-
If there is a judgment the SOL for the judgment itself is likely much longer than it would have been for the original debt. Most states have a judgment SOL of 10 years, which can be renewed for another 10 years.
Now, if they got a default judgment against you for a debt that was itself past the SOL, that's a different matter and you can probably motion to vacate. It sounds as though, if the DOFD was 7/2007 and they got a judgment in 2010 that it probably wasn't past SOL when they sued you - check your state's SOL for different types of debt.
If you were never served, you may also have grounds to vacate.
I doubt they woudl tell you they have a judgment against you and give you case number if they didn't - they'd be violating all kinds of FDCPA codes.
You can call the clerk of the court or, depending on where you are, look it up online. I have a judgment in OK that I can see all the docs for online. It was a default judgment and they've never come after me for payment, but I've just reached out to them to make payment.
Good luck.
Does the Judgement they have against you show up on your credit report?
Thanks for the information.