Expiration of an SOL is not something that usually exists as a matter of fact in a given case, and not something the court must take upon itself to raise as a defense for the defendant. It is something that requires the party asserting its expiration to raise in court, and establish by proofs, under the governing state statute, the relevant date of running of the period. Particularly important if the state SOL statute provides for any resets. Then the SOL has expired.
The plaintiff is afforded equal opportunity to challenge raising of an SOL defense, so it needs a finding of fact and law by the judge. To argue after the fact that the debt was time barred leaves no proofs in court that establish its actual expiration. It remains an assertion.
If proper notice was given to the defendant in the proceeding, and they chose not to appear and assert exipration of SOL, it is kinda doubtful that a court would now entertain the matter.
The usual reason to motion for vacating a judgment is lack of proper service of notice on the defendant, thus depriving them of the opportunity to present a defense, such as expiration of SOL.
