Help! Judgement from a 2000 Nextcard acct!

[Anonymous]

I seriously don't get this crap!

I got a Nextcard in 2000 that I defaulted on immediately (yeah, I sucked back then)! But really, that was over 8 years ago! I go ahead and pull my TU/EQ/EX and I have a public judgemet against me on all three reports from May of 2007 (TU shows the actual debt from CA as well as the judgement).

Thing is, I believe I opened the Nextcard account in Colorado (yr 2000), defaulted on the payments ($250 cl), yet in 2007 the file a civil judgement against me in New York, even though I live in Missouri!!

sooooo, I'm still in Missouri and am lost as to what to do. This is seriously hurting my FICO and I am trying to settle all debts so that I can buy a house and get the public service job that I'm shooting for.

I have no DOLA info for the Nextcard because it's not on my CR...

Should I DV the collection agency that filed suit and write a PFD/GW to the attorney asking him to file a motion to vacate??

ps. all of my reports list the amt owed as $1730, and the courthouse in Buffalo told me it was $1820.60 that I owed...

so I'm lost.

[llecs]

I don't have enough experience here.

BUT they are past SOL. NY is 6 yrs, Colorado is 3 yrs, and MO is 5 yrs. So no matter which state applied, you were not legally held liable, assuming 2000 is the date.

Find a way to get a copy of the court's documents. I'd also pull each CR from each CRA and look for info on that. You could always dispute. I think paying them would[n't] help any at this point. I did get 2 judgements deleted for my father-in-law just by disputing with the CRAs. But get the info first.

Message Edited by llecs on 02-08-2008 09:56 AM

Message Edited by llecs on 02-08-2008 12:40 PM

[Anonymous]

thanks a million for the info. I was a bit confused..did you mean that paying any would or would not help at this point? I don't really want to pay over $1800 for a cc with a $250 limit from over 7 years ago...

um, I am really confused by the fact that I received the card in Colorado, Live in Missouri, yet got sued in New York.

[llecs]

Serious typo. dfg' nlas yhl adhlafg....can't type today.

Wouldn't is the correct word.

I say that because getting the info is the first step. Maybe there is a way to fight that judgement based on the SOL technicality. Again, I lack the knowledge as per judgements. The damage has already been done. I'd also contact the courthouse and look for any other civil action pertaining to you, like garnishment summons, or the like.

[Anonymous]

Did you ever live in NY? Do you have a 'common' name or one that others may have also (mine is fairly unique).

A creditor can only sue in one of 2 places (per code) where you opened the account or where you live when the suit is initiated.

Try to get vacated for lack of juris, lack of proper service, etc - lack of juris (if you never lived in NY) would probably be the stronger of the 2 (there IS code to back that up), don't know NY's standards for service (research this).  If you never lived in NY also file a complaint against the atorney with the state bar - case should never have been in NY to start and s/he should have known that.  Creditor cannot use thier home state as a default for filing (some exceptions to this though in FTC white papers but limited)