Question about being sued. Please help!

[Anonymous]

Hi there!

I have a question about a past lawsuit from Sherman Acquisition Limited.  Back in April 2004, Sherman Acquisitions sued me for a credit card debt from Sears that was a CO back in 2001.  It was originally dismissed because they did not file all of their paperwork in time but a month later I was summoned again and they won. 

Since then, I have not heard anything from them and according to my Equifax CR they have turned the collection over to someone called Lvnvfundg, who I have never heard from.  My question is this:

If Sherman has sold my debt, what happens to the court judgment from when they sued me?

Also, the collection is listed under my Accounts and is also listed as Open and 120+ days past due.  Does this sound wrong to anyone?

Message Edited by hilaryp on 04-19-2008 11:56 AM

[Anonymous]

I can't see how they can collect on a debt if they sold it. I also can't see how they can collect on a debt from 2001. Isn't that a bit past SOL?

[Anonymous]

I'm not sure how long they have to collect since they won a judgement.  I've been looking on the web for an answer but can't seem to find one.  Do they have an infinitive amount of time to collect since they have the judgement?

[Anonymous]

Judgments pretty much leapfrog over SOL. Having said that...

Perhaps they should not have been able to get the judgment in the first place, however, if the judgment was awarded at a time the SOL had run out on the debt in question.

At this point, you'll likely need a lawyer to untangle the mess.

[Anonymous]

hilaryp wrote:
I'm not sure how long they have to collect since they won a judgement.  I've been looking on the web for an answer but can't seem to find one.  Do they have an infinitive amount of time to collect since they have the judgement?

Varies by state. Some states allow them to renew the judgments as well.

I don't think general SOL applies to collecting a judgment, as they have already sued.

The shortest SOL any state has for open accounts is 3 years. If it was C/O in 2001 and you were sued in 2004, could have been within SOL. Depends on when you went deliquent and made your last payment. However, if it was past SOL and if you were properly served and appeared/didn't appear in court and use "past SOL" as your defense, I don't think you can go back and do that now.

Maybe Sherman Aquisition has hired LVNV to collect the judgment for them. I don't think you can be sued again. A judgment for a judgment? Never heard of it........but who knows.

What state are you in?

Message Edited by sidewinder on 04-19-2008 03:16 PM

[Anonymous]

The statute of limitations refers to the period during which the creditor can obtain a judgment.  Once the judgment is secured, the state law provides for a certain period of time during which the judgment can be enforced (i.e., collected).  Some statutes permit a judgment to be renewed (i.e., extending the time period for collection).

The judgment creditor can assign a judgment to a third party or hire a third party to collect the judgment.