Judgement notice

[Anonymous]

So I received a letter from Stenger and Stenger which I assume was assigned to them on behalf of north star cap which originally was a credit card debt of 4000 from wells fargo credit card. So back in 2007 I lost my job and things went crazy and I stopped making payments around September of 2007 which I assume is when I am officially delinquent. So after over 7 years of struggling and finally getting my credit starting to get back in order around October of 2014  I noticed on my credit karma cra all my collections was off my report. Even on myfico which I just started paying last month for the 3 fico scoring etc there is no longer collections on there. So here we are in 2015 of March,  they are contacting now beyond the 7 years of statute of limitations correct. The letter states they have been assigned the account on which a judgement had been entered by the court in favor of North Star Cap. So when I looked at my public records yeah back in 2009 I do recall receiving a judgment from that year but nothing until today March 28,2015. I don't have the money to pay this so what do I need to do, Write a letter to them regarding they are beyond the 7 year SOL?     

[RobertEG]

The period relating to credit report exclusion is separate from and totally unrelated to the issue of continued enforceability of the judgement.

Most statea set the period of enforceability at ten years, and provide for extensions upon motion to the court.  The judgment may very likely still be enforceable.

Any collection or charge-off must be excluded from your credti report no later than 7 years plus 180 days from the DoFD on the OC account.

However, the judgment has its own credit report exclusion date of 7 years from date of entry of the judgment, or until the statute of limitations on the judgment has expired, whichever is later.  If the period of enforceability of the judgment has not expired and the judgment remains unpaid,  then credit report exclusion would not occur at 7 years.

However, regardless of whether credit report exclusion occurs, if the judgment is still enforceable under the period of enforceability for your state, then credit reprot exclusion would would have no relevance to the continued enforceability of the judgment.

[Anonymous]

so what would you recommending me doing then?

[RobertEG]

I would first determine whether the judgment is still enforceable under the laws of your state.

Check your state code for the period of enforceability of a judgement, and if the initial period has expired, check the case file with the court to determine if they obtained an extension of the period of enforceability

If the judgment reamins enforceablle, the judgment credtior might attempt to obtain a separate order to attach property or garnish wages.

Hard to say whether they might take that step.