my best option?

[Anonymous]

---

@Anonymous wrote:

---

@Anonymous wrote:

---

@Anonymous wrote:

from the 3 CC i had seems like one of them was still under SOL time, that's what i am trying to figure out, if there was any wrong doing on their parts and what I could do about it. 

my Original post shows all the dates and details (being out of the country seems like is a factor that my affect me, don't know for sure)

thank you..fun talking about this. hope to understand more soon.

---

You would need to first file a motion to dismiss on grounds of improper/fraudulent service. If you can get that to fly, you are home free, as all of those are well past the SOL, and should they attempt to re-file the suit, you would use that as your defense.

---

 
Norman, I was told by three seperate Attorney's that YES if you can prove that you were improperly served you can get the Judgement vacated, but not the debt. The court process can start over regarding the debt. This was Massachusetts Attorney's. Not sure how it works in other states. If the Lawyers are being lazy with me, please enlighten me so I can follow up with them on my issue.

---

If it has past SOL when they refile, that is your ticket. Yes, the process can start over, but SOL STILL APPLIES. The thing about SOL is that it is NOT automatic as many people assume. You MUST repond to the summons and appear in court to raise an SOL defense. People get hit with default judgments all the time on old debt because they assume the court will automatically apply the SOL.

[Anonymous]

---

@Anonymous wrote:

---

@Anonymous wrote:

---

@Anonymous wrote:

---

@Anonymous wrote:

from the 3 CC i had seems like one of them was still under SOL time, that's what i am trying to figure out, if there was any wrong doing on their parts and what I could do about it. 

my Original post shows all the dates and details (being out of the country seems like is a factor that my affect me, don't know for sure)

thank you..fun talking about this. hope to understand more soon.

---

You would need to first file a motion to dismiss on grounds of improper/fraudulent service. If you can get that to fly, you are home free, as all of those are well past the SOL, and should they attempt to re-file the suit, you would use that as your defense.

---

 
Norman, I was told by three seperate Attorney's that YES if you can prove that you were improperly served you can get the Judgement vacated, but not the debt. The court process can start over regarding the debt. This was Massachusetts Attorney's. Not sure how it works in other states. If the Lawyers are being lazy with me, please enlighten me so I can follow up with them on my issue.

---

If it has past SOL when they refile, that is your ticket. Yes, the process can start over, but SOL STILL APPLIES. The thing about SOL is that it is NOT automatic as many people assume. You MUST repond to the summons and appear in court to raise an SOL defense. People get hit with default judgments all the time on old debt because they assume the court will automatically apply the SOL.

---

So your saying that if he went and got the Judgement vacated now because of improper service that it is past SOL now? Or that it may have been past SOL when the Judgement was entered?

[Anonymous]

hi NormanFH.

thanks for your replay.

Interesting what you say. sometimes there are so many different ideas on one subject..like now.

I am staying with friends in NY for now so I don't have a actual residency set for me. But i must ask:

- you said they are all past SOL but I see one bill being right on the mark, the one from 2008 falls right withing the 6 years for NJ. why did you see they were past SOL?

- How will living somehwer else affects my choices? I am moving around looking for option and solution as of now.

- improper serve you mean past SOL right? i assume not being serve personally is not really a thing i can use, right?

- will living abroad change my situation?

thanks and thanks again

[Anonymous]

---

@Anonymous wrote:

---

@Anonymous wrote:

---

@Anonymous wrote:

---

@Anonymous wrote:

---

@Anonymous wrote:

from the 3 CC i had seems like one of them was still under SOL time, that's what i am trying to figure out, if there was any wrong doing on their parts and what I could do about it. 

my Original post shows all the dates and details (being out of the country seems like is a factor that my affect me, don't know for sure)

thank you..fun talking about this. hope to understand more soon.

---

You would need to first file a motion to dismiss on grounds of improper/fraudulent service. If you can get that to fly, you are home free, as all of those are well past the SOL, and should they attempt to re-file the suit, you would use that as your defense.

---

 
Norman, I was told by three seperate Attorney's that YES if you can prove that you were improperly served you can get the Judgement vacated, but not the debt. The court process can start over regarding the debt. This was Massachusetts Attorney's. Not sure how it works in other states. If the Lawyers are being lazy with me, please enlighten me so I can follow up with them on my issue.

---

If it has past SOL when they refile, that is your ticket. Yes, the process can start over, but SOL STILL APPLIES. The thing about SOL is that it is NOT automatic as many people assume. You MUST repond to the summons and appear in court to raise an SOL defense. People get hit with default judgments all the time on old debt because they assume the court will automatically apply the SOL.

---

So your saying that if he went and got the Judgement vacated now because of improper service that it is past SOL now? Or that it may have been past SOL when the Judgement was entered?

---

Yes, it is past SOL now.

Once the judgment is vacated it no longer exists. It was actually past SOL when it was originally filed, according to the information OP provided, but that really isn't the issue. IF its vacated and they refile it WILL be past SOL. End of story.

[Anonymous]

---

@Anonymous wrote:

hi NormanFH.

thanks for your replay.

Interesting what you say. sometimes there are so many different ideas on one subject..like now.

I am staying with friends in NY for now so I don't have a actual residency set for me. But i must ask:

- you said they are all past SOL but I see one bill being right on the mark, the one from 2008 falls right withing the 6 years for NJ. why did you see they were past SOL?

- How will living somehwer else affects my choices? I am moving around looking for option and solution as of now.

- improper serve you mean past SOL right? i assume not being serve personally is not really a thing i can use, right?

- will living abroad change my situation?

thanks and thanks again

---

1 One being good does not allow them to bring in older stuff. But as I said, if its vacated, that case effectively no longer exists.

2 Living in another state makes it difficult for them to forcefully collect. Also makes it more difficult for you to go to court, if its a long way to travel.

3 By improper service, I mean that they did not proper serve you a summons, and/or did not truthfully document the service of the summons. In such instances the court will generally vacate the judgement and dismiss the case, forcing them to refile.

4 I have no idea how that might be viewed.

[Anonymous]

ok...i get it.

- if they included all 3 in the case they didn't follow proper rules ( unless being out of the country counts,

wihich someone here said judge sometimes factor that and in case they do i might be in trouble there)

- if the above dont work I can count on improper service but again the might done it right ( i doubt it)

I don't mind the travel problems if i can fix this. I am more worry if they could use out of country for the case. i can't find any info online about the subject and wonder how they have to prove all of that. I'll keep looking. I think the out of country thing is something not well documented here so it might be useful to others.

so, my idea is to go to NJ court and ask for a copy of my case, is this good idea? i found it online but it just says dates entered and judgment but not the details. will the court provide more details or that has to be done with CA?

thanks more.

[Anonymous]

In Massachusetts, if the OC sells the debt to a CA. The OC has to change ownership of the Judgement for the CA to enforce Judgement enforcabilities. Check and see if your state has the same rules and then check the courts and see if the OC transfered ownership of the Judgement to the CA.

[Anonymous]

ok..I found this on living abroad

http://www.creditinfocenter.com/debt/international-debts.shtml

so now i guess i must find out time limit in NJ to appeal or vacate. does anyone knows?

also, does requesting my case from court send info to CA?

still learning.

thanks

[Anonymous]

---

@Anonymous wrote:

ok...i get it.

- if they included all 3 in the case they didn't follow proper rules ( unless being out of the country counts,

wihich someone here said judge sometimes factor that and in case they do i might be in trouble there)

- if the above dont work I can count on improper service but again the might done it right ( i doubt it)

I don't mind the travel problems if i can fix this. I am more worry if they could use out of country for the case. i can't find any info online about the subject and wonder how they have to prove all of that. I'll keep looking. I think the out of country thing is something not well documented here so it might be useful to others.

so, my idea is to go to NJ court and ask for a copy of my case, is this good idea? i found it online but it just says dates entered and judgment but not the details. will the court provide more details or that has to be done with CA?

thanks more.

---

Well, its not a violation of any rule, per se, its just that those older ones would be easily tossed out as being past SOL, and they would only be able to get a judgement on the single one. But the thing to keep in mind is that the defendant MUST BRING IT UP AS DEFENSE.

Also you can't bring up SOL issues on a court case that has already been ruled upon and judgement entered. You have to keep in mind, SOL is a DEFENSE strategy, its not a violation of court procedure, like the summons service is. You must get the case vacated on other grounds FIRST, then if they refile it, you would bring up SOL.

Yes, by all means go and get ALL of the case filings and go over them, paying particular attention to the Proof of Service filings.

[Anonymous]

---

@Anonymous wrote:

In Massachusetts, if the OC sells the debt to a CA. The OC has to change ownership of the Judgement for the CA to enforce Judgement enforcabilities. Check and see if your state has the same rules and then check the courts and see if the OC transfered ownership of the Judgement to the CA.

---

I doubt this is an issue - the court case was filed less than two years ago.