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Discussion in 'Credit Talk' started by raiderpam, Nov 1, 2001.
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You don't just file for judgment. You have to be served with a lawsuit first. Then comes the judgment. Check here for the SOL. http://www.cardreport.com/laws/statute-of-limitations.html
Also, the statute would run from the date of your last payment.
Thank you very much.So if I get sued I can have it dismissed as long as the sol is up.
You could still have a lawsuit filed against you even though the SOL has expired.
If a lawsuit is filed, you must answer, show up to court and offer the SOL as your defense.
The SOL is an absolute defense, however you will need to present it to the court as your defense to stop a judgment from being entered against you.
The court is under no obligation to offer a defense on your behalf and will not.
So if I have judgements on my report without having been served a lawsuit, that a problem!?
Maybe the papers were sent to another address, does that count if I never got the papers?
Like most of the legalese gobbledegook, what you say is most important. When you ask the question the way you did without being 100% precise in the way you ask the question, you can get the wrong answer. That may be the case here. Reason I must make the foregoing comment is because there is a difference in "having been served a lawsuit" and "having been sued" You can very easily have a judgment against you without ever having been sued. Properly sued, that is and if you have not been properly sued then you have never been sued no matter what they serve on you or tell you.
You probably meant "without having been served with a summons" and yes, that can happen and does all the time, but not in most cases. As to whether or not you were properly served or not, that is a question that would best be answered by competent legal counsel.
Competent legal counsel is generally taken to mean someone with a bar association number. Most people think that is a license to practice law, but attorneys are never licensed to practice law since there is no such thing in any state as a license to practice law. That is because the states cannot license a legal professional. A state bar association is just that, an association, and is neither a governmental entity nor a quasi-governmental entity. Since only government is authorized to issue licenses and an association has no authority to issue licenses, it's an association that grants privilege to it's members. That does not mean they are competent, only granted privilege of an association of hopefully equally competent members. While I know a great many good and even great attorneys, I would be most hesitant to guarantee anyone exactly how competent they are.
It all depends on your state laws for the type of summons and legal procedure you have been so cordially invited to attend.
The SOLs you gave aren't for judgements, but for regular debts. Here's the link for judgements: