topic Re: SOL Question in Rebuilding Your Credit

SOL Question

NycGirl41 — Fri, 22 Aug 2014 13:21:03 GMT

I'm working on getting a default judgement vacated because of improper service. The plaintiff claims I owe money back in 2007 and they filed the judegment against me in 2011. If I can get the judgement vacated, it's like the judgement never happened correct? So won't the SOL on the debt expire and the plaintiff won't be able to sue me anymore? SOL in my state is 6 years on debt

Re: SOL Question

NycGirl41 — Mon, 25 Aug 2014 17:22:34 GMT

Bump

Re: SOL Question

Anonymous — Mon, 25 Aug 2014 19:23:13 GMT

If everything was based on plain language, yes, if the SOL has passed and the judgment vacated, they can do nothing legally to collect it a.k.a time barred, but can still try to get you to pay.

Other questions to ask are:

- What kind of debt is this? Did it come from credit cards, auto loans, etc? Sometimes the contracts reference their state of choice for the SOL, but typically, at 6 years+ you are in the clear.

- What are you using to establish improper service? If you are in NY as your moniker suggests you will have to proved you were not served personally or by subtitute service or by putting it in a place you were sure to see it, I.E. taping it to your door.

- What kind of suit was this and in what court? There is two established ways to vacate in NY, Excuseable Default & Lack of Personal Jurisdiction. Since you are outside of the 1 year window to vacate on the first part, the second is your only option. However, I have seen some goofy things before in which the vacating of the judgment was the first step, then a answer had to be filed as part of the "meritorious defense" as to what you would have answered if given the time. It can usually be addessed in the same filing. I know there are examples in NY and NJ courts and a search of "Notice of Motion to Vacate Judgment and Permit Answer To Be Filed Out Of Time" are out there.

I have PM'd you a link that is a quick primer to vacate a NY judgment.

Re: SOL Question

NycGirl41 — Mon, 25 Aug 2014 20:11:56 GMT

@Anonymous wrote:

- What kind of debt is this? Did it come from credit cards, auto loans, etc? Sometimes the contracts reference their state of choice for the SOL, but typically, at 6 years+ you are in the clear. Basically a former landlord is trying to sue me for breaking a lease. If I can get this judgement vacated and dismissed with prejudice (thanks to SOL), I would be grateful. It’s just ridiculous that this landlord is still trying to sue me after all these years

- What are you using to establish improper service? If you are in NY as your moniker suggests you will have to proved you were not served personally or by subtitute service or by putting it in a place you were sure to see it, I.E. taping it to your door. I was not properly served because the address where the plaintiff did try to serve me, I was not living there anymore. I have utility bills to prove I was living at a new address at the time they claim I was served

- What kind of suit was this and in what court? There is two established ways to vacate in NY, Excuseable Default & Lack of Personal Jurisdiction. Since you are outside of the 1 year window to vacate on the first part, the second is your only option. However, I have seen some goofy things before in which the vacating of the judgment was the first step, then a answer had to be filed as part of the "meritorious defense" as to what you would have answered if given the time. It can usually be addessed in the same filing. I know there are examples in NY and NJ courts and a search of "Notice of Motion to Vacate Judgment and Permit Answer To Be Filed Out Of Time" are out there. This is in Kings County (Brooklyn) civil court

I have PM'd you a link that is a quick primer to vacate a NY judgment. Thanks so much. I appreciate the link and the response

Re: SOL Question

Anonymous — Tue, 26 Aug 2014 01:32:12 GMT

That would fall under written contract, so it is the same 6 years as everything in NY.

The utility bills are helpful but more is better. Do you know if the address on your license was updated at that point? If it was, you could get a copy from the DMV and since it is state issued, it would be considered conclusive proof.

Since you are a party to the case, you can also ask for a copy of the "service of process" in the court file. That will have everything related to service in the case and you will have what they have, no surprises going in.