I found out in August that a judgment was obtained against me in July 2005. I've been working ever since to have it removed so perhaps you guys can help me.
This was a loan and the last payment made was in January (perhaps beginning of February) 2001. Going by my credit reports, it was 30 days late in March 2001, no other contact or payment was ever made by me and then it was finally written off (charge off) in September 2001 (my credit report actually states "charge of as of September 2001-March 2003 -- what does that mean exactly?).
As I understand it, the statute of limitations runs from the date of last activity. Is this correct? Texas has a 4 year statute of limitations.
My credit reports state that the judgment was filed 7/15/2005 (although after looking at paperwork, the CA acquired the loan in April 2005 and I think the case was opened at the court in May 2005). I'm sorry to say that I do not (rather, I did not) check my report regularly and only had to in August for something and saw this. I went to the courts and viewed the documentation and not only does it seem this was filed after the statute of limitations, but the company falsified court documents!! The documents state that I was personally served a summons on a day when I was almost 200 miles away.
I am aware that the "appeal time" is well beyond but is there anything else I can do for this? I don't necessarily want to pay for a court case but I will if this is the only way to have this removed.
I would consult an attorney. If the company did in fact lie to the court or otherwise falsify material information, you may be able to reopen the case even if the normal period for appeals is over. Then again, you may not. Talk to the guys in the nice suits.
- - - - in a credit-scoring postnuclear Stone Age...