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@Ragelog wrote:
I received a "Renewal Affidavit" on a 6.5 year old medical debt it doesn't really say much besides my name and balance due. Anyone able to explain what this means I feel like I'm outside of the SOL for a judgement in Kansas. Any help would be great!
Thanks Sam
This is a renewal of their judgment against you. I would search county records for the court case you are probably a victim of "sewer service". Sewer Service is where the process server just trashes the summons and signs it was delivered...
Was there actually a prior judgment by a court?
If the OP has the notice, it most certainly is not resting in a sewer.
Is the notice from the court, or simply a communication from the prevailing plaintiff, assuming there is a valid judgment?
If a judgment was obtained, SOL on commencing legal action would now be irrelevant. The "new" statute of limitations would now be on the enforceability of the judgment itself, which they are apparently asking tor an extension in its period of enforceability.
I would take it very seriously, as it may be a precursor to a contemplated motion to the court to attempt attachment of assets/garnishement of pay in order to compel satisfaction of the judgment.
@RobertEG wrote:Was there actually a prior judgment by a court?
If the OP has the notice, it most certainly is not resting in a sewer.
Is the notice from the court, or simply a communication from the prevailing plaintiff, assuming there is a valid judgment?
If a judgment was obtained, SOL on commencing legal action would now be irrelevant. The "new" statute of limitations would now be on the enforceability of the judgment itself, which they are apparently asking tor an extension in its period of enforceability.
I would take it very seriously, as it may be a precursor to a contemplated motion to the court to attempt attachment of assets/garnishement of pay in order to compel satisfaction of the judgment.
Of course the notice he has is not in the sewer. The original lawsuit summons was most likely issued by "sewer service". The OP is unaware of any judgment against s/he as the post says feels its past the SOL...
Presumption of improper "sewer service" implies that the court record does not show compliance with the requirements for proper service, or that someone lied.
To pursue that assumption would require obtaining the court record, and determiining how service was asserted.
It may have been properly served by means other than actual placement in the hands of the defendant, such as by publication.
After more research I decided to just pay this in full I asked if they could delete the collection from my account but it drops off in November. They had sent garnishment papers to my previous employer so I just wanted this done with and had the funds so it seemed like the best thing to do. Thanks for the info. Until next time I am moving forward. I will know if it is deleted around April 10th when they report each month.