@ABattle wrote:
Sorry to piggback of your post but I have a question for O6. What if a judgement was obtained against you for a cc (1) you were never served due to it being sent to an old address & you can prove this w/a rental verification from where you were living at during that time (2) the SOL has expired from you 1st went past due on the credit card. How would you handle this situation? I don't have statement copies from the cc but this card was obtained when I was in highschool & went deliquent during that time. I've been out of highschool for 10 1/2 years now so I'm sure SOL has run out.
If you were not properly served, the court had not obtained jurisdiction over the parties and must vacate the judgment. Properly, however, has different meaning in different states. Off hand I'd say you have a decent chance, but that's without seeing all the documents and looking at your state's civil procedure law.
Since the SOL has expired, the possible benefit would be that if the judgment were successfully vacated there is a very good chance that the creditor would not be able to sue you again for the debt. Again, it depends. Judges have wide latitude and if the court believes you were not served properly because you were, for example, out of the state, they could toll (paude) the SOL.
If the judgment is on your credit report, it will drop after 7 years. Depending on how little time is left, it might be more inconvenience than it is worth to attack the judgment -- for credit reporting purposes. On the other hand, judgments can live for a very long time and you need to consider what the chances are of the judgment creditor using the judgment to attach your wages or seize your bank accounts.
Given your personal circumstances, if you feel the judgment is harming you or has the potential to harm you, you can file a Motion to Vacate with the court. They will likely hold a hearing and determine whether or not you were properly served and, if appropriate, vacate the judgment -- hopefully with prejudice.
