Portfolio recovery associate lien judgment

[DiabolicallyRandom]

Nevermind, I misread the middle part of your posting.

[juanaperez]

Hi all,

Just had chance to pull credit report from Experian.

Capital one credit card - date of first delinquency 3/2009.

Then bought by collection agency Portfolio Recovery 10/2009

husband enter agreement to pay $141/month which he did not keep up.

Missed court summon

judgment lien recorded 5/2012.

So looks like it was within sol.

What's the next step?

Do I look to see how he was summoned and determine its legality?

[guiness56]

Was he served?  If so, did he respond to the summons?

[RobertEG]

If he did not show in court and assert an SOL defense, then the court awarded a default judgment.

Expiration of SOL does not just happen as a matter of fact or law.  The defendant must assert that the action is time-barred, and provide proofs of the relevant date of running of the SOL.  The plaintiff may then challenge either the relevant date or assert that the SOL is reset under any provision of the state SOL statute.  The court was not presented the opportunity to rule on expiration of SOL, and thus awarded a default judgment.  Most state civil codes require appeal from such judgments within a certain period after the judgment is entered.  It may be too late to pursue.

If you intend to pursue the SOL defense, I would suggest you acquire the services of an attorney