legal question

Discussion in 'Credit Talk' started by breeze, Jul 19, 2001.

  1. breeze

    breeze Well-Known Member

    Does anybody know this?

    If a person defaults on a debt in one state, then moves to another state, a few yrs down the road a CA buys the debt and finds him. It's a lot of money...If they decide to take him to court, which state??

    breeze
     
  2. NanaC

    NanaC Well-Known Member

    I heard they had a choice of the 2 states...Now, someone who really knows can answer. LOL
     
  3. breeze

    breeze Well-Known Member

    ROFL

    Thanks Nana ;)

    breeze
     
  4. dc

    dc Member

    Once they have a judgement filed in court they need to file in that state and they more than likely will pursue the collection in your present state. They unfortunately can initiate in either state.No I am not a lawyer , I am a paralegal and my boss gave me the scoop........
     
  5. MartysGirl

    MartysGirl Well-Known Member

    Thanks DC.. I have been waiting on someone to answer this question!



    MartysGirl
     
  6. LKH

    LKH Well-Known Member

    I see these type of lawsuits all the time and so far, every single time, they have been issued in the state the deal was made in, not the state where the debtor is currently residing.
     
  7. breeze

    breeze Well-Known Member

    that's what we need to knw. It isn't me - I'm helping someone else
    the debt is past the SOL but it is a lot of money


    breeze
     
  8. PuuOoPaul

    PuuOoPaul Well-Known Member

    Breeze,

    If the ca obtained a judgment the debt is collectible for ten years from the date they obtained judgment and therefore may not be sol.

    Good luck to your friend.

    Aloha,
    PuuOoPaul
     
  9. PuuOoPaul

    PuuOoPaul Well-Known Member

    Breeze,

    Perhaps I should rescind my response. I can't say with certainty that all states honor judgments for 10 years. Does anyone know for sure?

    Aloha,
    PuuOoPaul
     
  10. breeze

    breeze Well-Known Member

    No they don't have a judgment now.

    I think they might try to get one, if they can sue him in his old state of residence. He is now living on the west coast. The debt went delinquent in 1990 - it is past the SOL in both states. He was living on the east coast when he incurred the debt, moved away, now has a clean CR and owns a home. This debt had been on his CR but dropped off in 1997.

    He recently got a letter from the CA attempting to collect the debt. I told him they might try to sue him because of the amount and the fact that coming to the east coast would be very inconvenient for him. I also warned him that they might try to "serve" him somewhere else (family or old roommates), so he didn't know he had been served, and then try to collect on a judgment obtained by default.

    But I wasn't sure if they could sue him in either state.

    Thanks,


    breeze
     

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