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Statute of limitations on a judgement when moved out of state

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cbarnette
New Member

Statute of limitations on a judgement when moved out of state

My husband has an old debt which has went into judgment in NY. It was filed in April 2008 and updated in May 2008. We moved to GA in 2010. A letter just came in the mail stating that we moved to another state and they are looking to collect on this debt. I'm trying to understand the statute of limitations. Is the SOL based on the date of default or the date of judgment? GA SOL for debts vs judgments are different. I'm trying to understand how to proceed and what rights he has. Does the creditor still have the right to collect this debt?

Message 1 of 8
7 REPLIES 7
Anonymous
Not applicable

Re: Statute of limitations on a judgement when moved out of state

Date of judgment.The creditor always has the right to collect the debt but the right to sue ends 6 years in NY. As far as I know.
Message 2 of 8
RobertEG
Legendary Contributor

Re: Statute of limitations on a judgement when moved out of state

You seem to be mixing statute of limitations with credit report exclusion.

 

If they have already sued and obtained a judgment, the issue of SOL would now be moot.

They would simply need to seek enforcement of the judgment obtained in your prior state within your new state.

 

Most judgments are enforceable for ten years, and are usually extendable.

 

Credit report exclusion relates only to when the judgment must cease to appear in credit reports issued by a CRA.

It has nothing to do with continued enforceability of the judgment of obligation for the debt.

Message 3 of 8
Anonymous
Not applicable

Re: Statute of limitations on a judgement when moved out of state

OK, three different things here. One is the Negative item exclusion time on your credit report. Judgements stay on your report for 7 years from the date of judgment.

The Statute of Limitations is the amount of time that a creditor has to bring suit. Its determined by state law and varies from 3 years to 15 years depending on what state you LIVE in. It also varies by type of debt in some states. Credit card debt is usually shorter than other types of debt, for example. Since judgement has already been obtained, SOL does not apply here.

NOW comes the important part. That is, how long does a judgement have effect. Effectively, the answer to that is 'indefinitely'. BUT, that depends on a couple of things. Each state has their own rules here, but every state allows judgments to be to be 'renewed'. This MUST be done by the plaintiff within a certain time period. Some states it is as short as 5 years, some allow as much as 20 years. If the plaintiff does not renew within the specified time period, it becomes unenforceable.

Now, you have also tossed a monky wrench into the works by moving to another state. On that issue I have no idea how that works, but I would think that they would have to go through a court in your current state of residence in order to try to enforce the judgement (by seizing property, bank accounts or wages).

 

You need to find out what court the judgment was obtained through, contact them and find out if it has been renewed or if it has expired in your state. Then go from there. Your going to need to do some research on the laws when multiple states are involved.

Message 4 of 8
cbarnette
New Member

Re: Statute of limitations on a judgement when moved out of state

Thank you NormanFH. How long can it stay in effect is basically the information I was looking for. But I guess moving to a different state complicates that. I will see if I can contact the court. Again thank you.

Message 5 of 8
dawnm72174
Regular Contributor

Re: Statute of limitations on a judgement when moved out of state

This should give you an idea. The link is geared towards the plaintiff in judgements but some valuable info for your husband here too: Enforcing Out of State Judgements in Georgia

Message 6 of 8
cbarnette
New Member

Re: Statute of limitations on a judgement when moved out of state

Thanks for responding RobertEG. I'm not mixing them up. I understand the difference. I was just providing as much info as possible. I guess that might have made my question confusing. :-)

Message 7 of 8
TrueGeminiNC
Frequent Contributor

Re: Statute of limitations on a judgement when moved out of state


@cbarnette wrote:

Thank you NormanFH. How long can it stay in effect is basically the information I was looking for. But I guess moving to a different state complicates that. I will see if I can contact the court. Again thank you.


i would recommend consulting an attorney  

 

i beleive the plantiff will be able to take advantage of the most restrictive states laws.  even though the judgment was ordered in the state of NY, it is still enforcable no matter where you live.  

 

I recently won a judgment against a tenant in NC.  The judgment is in effect for 10 years however, I have the opportunity to renew for an additional 10 years prior to the expiration of the current judgment in NC.  The judgment is enforcible regardless of where my tenant lives.  

 

Unfortunately, NC does not allow wage garnishment to satisfy a civil judgment.  However, if my tenant does move to a state that allows wage garnishment - I will be able to pursue her wages under that states laws.

Message 8 of 8
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