"Motion to Revive a Debt" is filed

[Cazzieboy]

Can someone provide info on what happens procedurally once a "Motion to Revive a Debt" is granted by a court.

Third party collector - Original judgment was in 2010. It was never pursued for some reason, but now a "Revival" motion was filed. Thanks so much.

[FicoMike0]

I only know one thing, if there's a hearing, Make sure you show up! Find out what the statute of limitations is. Demand proof the third party collector has standing. Object to everything.

[crystal626]

They will be able to resume collection activities, including garnishing wages and seizing funds from bank accounts.

They likely have been sitting around watching your credit waiting for the perfect time to spring the judgment on you in hopes they'll collect everything they are due.

[Cazzieboy]

Confusing part of this is, in my state the statute of limitations for this type of debt (credit card) is 6 years. How can a "Revival of Debt" after 14 years be filed, or is the third party hoping I just don't respond to the filing which I think automatically grants the motion?

Thanks.

---

@FicoMike0 wrote:

I only know one thing, if there's a hearing, Make sure you show up! Find out what the statute of limitations is. Demand proof the third party collector has standing. Object to everything.

---

[Cazzieboy]

Confusing part of this is, in my state the statute of limitations for this type of debt (credit card) is 6 years. How can a "Revival of Debt" after 14 years be filed, or is the third party hoping I just don't respond to the filing which I think automatically grants the motion?

[Cazzieboy]

---

@crystal626 wrote:

They will be able to resume collection activities, including garnishing wages and seizing funds from bank accounts.

They likely have been sitting around watching your credit waiting for the perfect time to spring the judgment on you in hopes they'll collect everything they are due.

---

Confusing part of this is, in my state the statute of limitations for this type of debt (credit card) is 6 years. How can a "Revival of Debt" after 14 years be filed, or is the third party hoping I just don't respond to the filing which I think automatically grants the motion?

[Patient957]

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.

[GZG]

---

@Cazzieboy wrote:

---

@crystal626 wrote:

They will be able to resume collection activities, including garnishing wages and seizing funds from bank accounts.

They likely have been sitting around watching your credit waiting for the perfect time to spring the judgment on you in hopes they'll collect everything they are due.

---

Confusing part of this is, in my state the statute of limitations for this type of debt (credit card) is 6 years. How can a "Revival of Debt" after 14 years be filed, or is the third party hoping I just don't respond to the filing which I think automatically grants the motion?

---

if they have a judgement against you, (which means they filed a lawsuit and you ignored it or lost)

if it was just a debt that they never sued on, they would not be able to revive the judgement or collect on the debt, and your defense in a lawsuit would be that the statue of limitations has passed.

they can pretty much (lawyer citation needed here) revive the judgement infinitely until you pay it or you die, I'd contact one and take an hour of their time to ask how to address it and what kind of deal you can neogtiate with them

[JoeRockhead]

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. 

[Cazzieboy]

---

@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.

---

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.