Hey Guys so here is what is going on,
My wife underwent a judgement for a old credit card she had through the court (all before she met me). She didn't show up to the judgement and Midland funding was granted a Final Default Judgement. Well yesterday she was Subpoenad (Duces Tecum) for a
Non-Stenographic Oral Deposition. This was for a Chase Credit Card that started at 5k and is now at 7.7k. I need help fighting this because this was before I was in the picture. I know that Midland Funding is very sketchy and this just proves it! I want to fight it, if possible and fight it hard!
Here is the problem I am seeing:
1) We live in Texas and SOL is 4 years. Her Date of First Deliquency (DOFD) was 06/2009. Midland funding started the judgement process with the Court in June of 2014 (06/14). That would put it outside of SOL HOWEVER, she didn't show up to the judgement and it was defaulted. Does that make it to where I can't fight the legality of the judgement? Possibly Counter sue?
2)She is being subpoenad for a judgement that techincally shouldn't have been granted because it was outside of SOL.
Guys I need help with this and anything you can offer please post and let me know or if you have suggestions I would greatly Apperciate it.
You really need to speak with an attorney. Court rules only allow for a certain amount of time to vacate default judgments. Even if one is within the allotted time, there must be a valid reason for vacatur.
In the event one is outside the allotted time, a defendant who could prove he was not properly served might to able to have a judgment vacated after several years. Lack of jurisdiction might be another reason.
There is no counterclaim right now because a judgment has already be rendered.
In regard to the time-barred status of the debt at the time the lawsuit was filed, your wife did not defend herself and did not raise that defense. In addition, that FDCPA claim is now time-barred because the SOL on FDCPA claims is one year.
Also so note that the date of first delinquency does not necessarily start the SOL clock. In some states, partial payments made after an account goes into default can reset the SOL.
Please contact an attorney.
Well crap all bad news. Then that what I will do. Thank you for the open feedback and no judgement againist my questions!
Have a great day!
It appears that they are now moving to the stage of attempting to attach assets or garnish pay as a court-ordered satisfaction of the unpaid judgment. A new day in court appears on the horizon, with monetary implications.
I would definately consult an attorney.