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I live in the state of VA. I'm currently working on a garnishment from an old Amazon cc. The last payment was made on 10/17/2023 w/a charge off date on 5/20/2014. It was sent to Portfolio Recovery Associates who contracted Scotts & Associated to initiate a garnishment against me. The date of the judgement was 4/16/2015 & it was served to an old address that I no longer reside at. I went to the court to file for the judgement to be set aside based on not being properly served. The judge chose to set aside the judgement but then reopen the case. I was then required to submit documentation to the court & the attorney as to why I shouldn't have to pay. At this point it's pass the statue of limitations as this is a 9 year old judgement. I did this & we went back to court but the lawyer wasn't prepared so then the court date was extended to the end of this month. Has anyone ever had this situation happen? I'm not sure what more I should do to prepare for this & have never had this happened. Previously when I filed a motion for it to be set aside it was granted & that was that it was beyond the statue of limitations & I wasn't required to pay. I'm not sure what I should be doing for this one. Any advise is greately appreciated.
Do you have an attorney? If not you should speak with. The collector needs to validate the accuracy of the charges. I'm not a lawyer. I have dealt with Portfolio. They removed their account from my credit report. Then a couple of months later they sdded it back on. I wish I had been speaking to an attorney because I'm finding out that in some cases people have been told by attorneys to not respond to these subpoenas. But, I did not. Now I've paid Portfolio out. Then they reported late payments.
I assume they have a judgement that's why they are attempting to garnish . In VA judgements are good for 10 years then they can renew twice (so up to 30 years ).
Oh, that's tricky. The judgement was made within a year of the chargeoff fufilling original SOL, so that opens a whole new can of worms. I would get a lawyer if you don't already have one, or a better one if it was yours that was the unprepared lawyer.