"Motion to Revive a Debt" is filed

[GZG]

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@Cazzieboy wrote:

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@Patient957 wrote:

1) Read the motion.  What does it say?  What's their argument for why the court should revive the old debt?

2) You really should get a lawyer.

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Thanks, but not sure of your point. There's no explanation within the motion of what their argument is. As I understand it, "Revival of Debt" motions are filed to avoid not being able to sue because statutes of limitation dates approaching. But as I stated, the confusing part of this is that the statute of limitation on this situation is 6 years. So why was the filing allowed?

And yes, I will see what an attorney will advise. I thought I'd just ask about this here to try to make some sense of this.

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typically, statue of limitations is different between unpaid consumer debt and a judgement

definitely have to check how it differs between states though

[Cazzieboy]

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@JoeRockhead wrote:

A motion to revive a debt can be filed, but it's still subject to the statute of limitations. If the statute has expired, the creditor might not be able to successfully revive the debt unless you have paid (in the past 6 years or less) on the account or acknowledged the debt in another way in accordance with your state law that would allow a restart of the SOL. 

They may be trying to strong arm you, use this as a scare tactic. However, if they have filed a motion to revive the debt that is already beyond the statute of limitations, Don't ignore it. You should contest the motion. I'd also recommend you consult a local attorney so you know what your rights and exposure might be as well as the next best steps you should take. 

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Thanks for that. I'm aware of those factors you mentioned, and I think you would agree that the shakiest element of responding to the motion to state that the statute of limitations has passed, is whether or not that constitutes acknowledgment and starts the clock all over again. I'm also pretty sure that if I don't respond, the court automatically grants the motion. That's where the attorney comes in I guess.

[JoeRockhead]

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@Cazzieboy wrote:

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@JoeRockhead wrote:

A motion to revive a debt can be filed, but it's still subject to the statute of limitations. If the statute has expired, the creditor might not be able to successfully revive the debt unless you have paid (in the past 6 years or less) on the account or acknowledged the debt in another way in accordance with your state law that would allow a restart of the SOL. 

They may be trying to strong arm you, use this as a scare tactic. However, if they have filed a motion to revive the debt that is already beyond the statute of limitations, Don't ignore it. You should contest the motion. I'd also recommend you consult a local attorney so you know what your rights and exposure might be as well as the next best steps you should take. 

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Thanks for that. I'm aware of those factors you mentioned, and I think you would agree that the shakiest element of responding to the motion to state that the statute of limitations has passed, is whether or not that constitutes acknowledgment and starts the clock all over again. I'm also pretty sure that if I don't respond, the court automatically grants the motion. That's where the attorney comes in I guess.

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It's not if you respond that can mean a reset, it's more important how you respond. Good call consulting a local attorney.

It should go without saying that it's important you don't have any contact, or conversations whatsoever with the debt colllector.

[Cazzieboy]

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@JoeRockhead wrote:

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@Cazzieboy wrote:

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@JoeRockhead wrote:

A motion to revive a debt can be filed, but it's still subject to the statute of limitations. If the statute has expired, the creditor might not be able to successfully revive the debt unless you have paid (in the past 6 years or less) on the account or acknowledged the debt in another way in accordance with your state law that would allow a restart of the SOL. 

They may be trying to strong arm you, use this as a scare tactic. However, if they have filed a motion to revive the debt that is already beyond the statute of limitations, Don't ignore it. You should contest the motion. I'd also recommend you consult a local attorney so you know what your rights and exposure might be as well as the next best steps you should take. 

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Thanks for that. I'm aware of those factors you mentioned, and I think you would agree that the shakiest element of responding to the motion to state that the statute of limitations has passed, is whether or not that constitutes acknowledgment and starts the clock all over again. I'm also pretty sure that if I don't respond, the court automatically grants the motion. That's where the attorney comes in I guess.

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It's not if you respond that can mean a reset, it's more important how you respond. Good call consulting a local attorney.

It should go without saying that it's important you don't have any contact, or conversations whatsoever with the debt colllector.

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Yes, it goes without saying, but thanks for saying it.

[NoMoreE46]

Did you file for a BK?

[Jnbmom]

Is this an old debt or in fact a judgement? They are 2 totally different things 

[Cazzieboy]

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@Jnbmom wrote:

Is this an old debt or in fact a judgement? They are 2 totally different things 

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I initially stated that the original court judgment was in 2010 from a creditor and shortly thereafter picked up by a third party, however subsequently, they never really pursued it. 14 1/2 years later the same third party has filed a motion for "Debt Revival". The granting of the motion would result in a new (revived) judgment. I'm tempted not to respond to this filing and let the motion be granted because my financial circumstances are such that they're probably all exempt, but I'm not totally sure of that.

[Cazzieboy]

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@NoMoreE46 wrote:

Did you file for a BK?

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No.

[Jnbmom]

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@Cazzieboy wrote:

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@Jnbmom wrote:

Is this an old debt or in fact a judgement? They are 2 totally different things 

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I initially stated that the original court judgment was in 2010 from a creditor and shortly thereafter picked up by a third party, however subsequently, they never really pursued it. 14 1/2 years later the same third party has filed a motion for "Debt Revival". The granting of the motion would result in a new (revived) judgment. I'm tempted not to respond to this filing and let the motion be granted because my financial circumstances are such that they're probably all exempt, but I'm not totally sure of that.

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Honestly I would discuss with an attorney, judgements can be renewed . You can always check your county/city records for any civil judgments that are filed against you 

[Cazzieboy]

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@Cazzieboy wrote:

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@JoeRockhead wrote:

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@Cazzieboy wrote:

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@JoeRockhead wrote:

A motion to revive a debt can be filed, but it's still subject to the statute of limitations. If the statute has expired, the creditor might not be able to successfully revive the debt unless you have paid (in the past 6 years or less) on the account or acknowledged the debt in another way in accordance with your state law that would allow a restart of the SOL. 

They may be trying to strong arm you, use this as a scare tactic. However, if they have filed a motion to revive the debt that is already beyond the statute of limitations, Don't ignore it. You should contest the motion. I'd also recommend you consult a local attorney so you know what your rights and exposure might be as well as the next best steps you should take. 

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Thanks for that. I'm aware of those factors you mentioned, and I think you would agree that the shakiest element of responding to the motion to state that the statute of limitations has passed, is whether or not that constitutes acknowledgment and starts the clock all over again. I'm also pretty sure that if I don't respond, the court automatically grants the motion. That's where the attorney comes in I guess.

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It's not if you respond that can mean a reset, it's more important how you respond. Good call consulting a local attorney.

It should go without saying that it's important you don't have any contact, or conversations whatsoever with the debt colllector.

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Yes, it goes without saying, but thanks for saying it.

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Additionally, a response to the third party debt collector concerning this motion is required, and requires copying the court. So, If I'm going to respond I will be in essence contacting the debt collector.