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Advice on old account and possible Judgment

johnwantsahouse
Contributor

Advice on old account and possible Judgment

I received a call yesterday and a voicemail that they were a process server and I wasn't home when they came by and they would be back tomorrow and to call a number.  I called and the lady stated they will be back to serve me the next day for a judgment and garnishment.  They said I could settle for 1200 before being served papers or if I wait till I get served it will be over $3,000 I have to pay off.  I asked when this card was from and she said 2009 and closed in 2010.  I stated that is past statute of limitations.  The lady said no it's 10 years, we are not suing for a collection we are suing you as a judgment.  I said I thought a judgment isn't granted until you win in court from suing me for the debt.  She said no it's not a collection it's a judgment now and the statute of limitations on judgments are 10 years.

 

Are they just trying to get me to pay to start over? Is she wrong about suing me for a judgment? That's not granted unless they win suing me correct? If I get served papers, can't I just show up in court and state it's past the statue of limitations.

Current Score:EQ-660 (FICO) / TU-677 (FICO) (3/10/14)
6/8/12 Score:EQ-640 / TU-650 / EX-656 (All FICO Lender Pulls 6/8/12)
6/5/12 Score:EQ-640 / TU-638 / EX-656 (All FICO Lender Pulls 6/5/12)
6/1/12 Score:EQ-640 (FICO) / TU-618 (FICO) /EX-670 (FAKO)
Starting Score:EQ-542 TU-574 (4/30/2012)
Message 1 of 9
8 REPLIES 8
crazedforcredit
Established Contributor

Re: Advice on old account and possible Judgment

Definitely sounds like a bottom feeder to me. Who is the company? They can't get a judgement until they sue you. And regardless of what they call it, your defense if they *did* try to sue and seek a judgement against you is the SOL.
Starting rebuild July 2019 EX 501, EQ 512, TU n/a CCT Fico 8 scores
Message 2 of 9
FireMedic1
Community Leader
Super Contributor

Re: Advice on old account and possible Judgment

Sounds like a bottom feeding zombie debt collector. Check your public records for the county you live in online and see if theres such a document to support the garbage they're spewing.




Homeowner since Sept 2020. Sharing my experiences after BK from learning here. Rebuild to recovery from the @ 540's.
Message 3 of 9
ImTheDevil
Super Contributor

Re: Advice on old account and possible Judgment

^^^ agreed, they have to be awarded a judgment in court, and must sue in court to get that judgment. SOL is over with (as long as your state SOL is greater than 9 years) and therefore invalid. Don’t skip the court date though since if you don’t appear to tell them the SOL has passed and they can stick it, it may be granted.
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Message 4 of 9
johnwantsahouse
Contributor

Re: Advice on old account and possible Judgment

But the SOL is 4 or 5 years I believe.  It wouldn't go on SOL for a judgement since one hasn't been issued.  Wouldn't it be SOL for collections or credit card debt?

Current Score:EQ-660 (FICO) / TU-677 (FICO) (3/10/14)
6/8/12 Score:EQ-640 / TU-650 / EX-656 (All FICO Lender Pulls 6/8/12)
6/5/12 Score:EQ-640 / TU-638 / EX-656 (All FICO Lender Pulls 6/5/12)
6/1/12 Score:EQ-640 (FICO) / TU-618 (FICO) /EX-670 (FAKO)
Starting Score:EQ-542 TU-574 (4/30/2012)
Message 5 of 9
vntrsc
Frequent Contributor

Re: Advice on old account and possible Judgment

Have you done as Firemedic suggested and contacted the county court to see if a judgment was ever issued against you?

Message 6 of 9
johnwantsahouse
Contributor

Re: Advice on old account and possible Judgment

I looked on the states docket search and no judgement against me for this.  It shows one from a couple years ago that I settled.

Current Score:EQ-660 (FICO) / TU-677 (FICO) (3/10/14)
6/8/12 Score:EQ-640 / TU-650 / EX-656 (All FICO Lender Pulls 6/8/12)
6/5/12 Score:EQ-640 / TU-638 / EX-656 (All FICO Lender Pulls 6/5/12)
6/1/12 Score:EQ-640 (FICO) / TU-618 (FICO) /EX-670 (FAKO)
Starting Score:EQ-542 TU-574 (4/30/2012)
Message 7 of 9
FireMedic1
Community Leader
Super Contributor

Re: Advice on old account and possible Judgment

There ya go. I get some that say tell your security and your boss we are coming to serve you papers. I say come on by. Then I'll have you arrested for interfering with patient care. Then they hang up. Block, report as spam.




Homeowner since Sept 2020. Sharing my experiences after BK from learning here. Rebuild to recovery from the @ 540's.
Message 8 of 9
gdale6
Moderator

Re: Advice on old account and possible Judgment

This is a pure scam, they have nothing to really collect, nor a judgment, its an attempt to scare you into stealing the money from you.

 

SOL is different in every state and there are different time periods for different types of debt. If you are sued after the SOL passes it is up to you to respond to the suit using SOL as a defense.

Message 9 of 9
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