I have a judgement against me in Arizona. I am just now finding out about the SOL defense, how can I find out exactly if I would be able to use it to vacate the judgement. The dates on my credit report show it was last paid 12/1998. But on my summons it says last payment date 12/15/1998 and a charge off date of 05/25/1998 (How could I have paid on it if it was charged off?) This account has gone to three different collection Agencys and is now in the hand of First Resolution Investment Corporation (a foreign corporation) how would I find out if they are truly representing Capital One?
You can not use the SOL as a defense AFTER you have the judgment. This is to be used WHEN you go to court, it doesn't work if you do not show up.
Do you know what some of the reasons to vacate a judgement could be. Someone had told me that you could file a motion to vacate using the SOL.
Did First Resolution Investment Corporation purchase your charged off account from Capital One? When you say the date last paid was 12/98, was this to Capital One or was this to First Resolution Investment Corporation? Did you really make a payment, or did they add that so they could up the SOL and sue you? If the debt was indeed past the SOL, there is much arguement on whether or not a company is allowed to sue. Tell us more.....
Unless your state law prohibits such an act, you can be sued for out of statute debts. It's not against the law. The defendant has the responsibility to show up in court and claim an affirmative defense.
I don't know how to find out if they actually purchased the account from Capital One they say they are the assignee. On my old credit report it shows the date being reported from Capital One. I don't know how to read the report so I am having difficulty deciphering some of it. the two dates I can find on my credit report are 10/1998 and 12/1998. On my summons the dates they have are 12/15/1998 as date of last payment and 05/25/1998 as the charge off date 7 months earlier. I have made no payments to anyone but Capital One. Keep in mind that before ever hearing from First Resolution, I was contacted by Compass Receivables and NCO Financial does this mean all 3 at one time or another bought this account?
There are several reasons a judgment can be vacated. However, each State's Courts have their own code of civil procedure, which give the time limits for filing such a motion. Among other reasons are, improper service, fraud, error etc. If it was a default judgment it is somewhat easier to get it vacated. If however, you appeared, and did not offer the SOL as an affirmative defense, you are probably out of luck, unless you can PROVE deception on the part of the CA, that is, if they claimed a legal position, in writing to you or the court that said that they were within the SOL.
