SOL on judgements

Discussion in 'Credit Talk' started by LoneGunman, Aug 2, 2003.

  1. LoneGunman

    LoneGunman New Member

    I've read the FAQ and used the search function but have not found an answer to my question.

    I had a car repoed in 1989, the finance company has a judgement against me dated 2000, does this sound right? I am 99% positive they had a judgement way before 2000. Could they have reaged the judgement illegaly? If the judgement was renewed would the old one still show and how can I tell if it was renewed?

    Thanks in advance for any guidance the members here can give me. This is a great site and I'll be spending alot of time here trying to straighten out mine and my wifes credit.
     
  2. lbrown59

    lbrown59 Well-Known Member

    1*I had a car repoed in 1989, the finance company has a judgement against me dated 2000, does this sound right?
    2*I am 99% positive they had a judgement way before 2000.
    3*Could they have reaged the judgement illegaly?
    4*If the judgement was renewed would the old one still show
    5*how can I tell if it was renewed?

    Gunman
    ==============
    1*Could be if they got a default judgment in 2000.
    2*What makes you think so?
    3*Yes they could have.
    4*Sometimes yes other times no. You need to visit the court house and get all the paper work and find out what is going on!
    5*Can someone else answer this one for the poster?


    THE END ** *** ** LB 59
    """""""""```~~~```'"""""""""
     
  3. LoneGunman

    LoneGunman New Member

    "1*I had a car repoed in 1989, the finance company has a judgement against me dated 2000, does this sound right?
    2*I am 99% positive they had a judgement way before 2000.
    3*Could they have reaged the judgement illegaly?
    4*If the judgement was renewed would the old one still show
    5*how can I tell if it was renewed?

    Gunman
    ==============
    1*Could be if they got a default judgment in 2000.
    2*What makes you think so?
    3*Yes they could have.
    4*Sometimes yes other times no. You need to visit the court house and get all the paper work and find out what is going on!
    5*Can someone else answer this one for the poster?"

    Thanks for the response.

    1* So they can get a judgement no matter how much time has passed?
     
  4. lbrown59

    lbrown59 Well-Known Member

    Thanks for the response.

    1* So they can get a judgment no matter how much time has passed?
    LoneGunman |


    1*Right. If you don't appear in court to fight it they win and get a default judgment even if the debt is way beyond the SOL.
    LB


    PS : As i said.
    You need to get rite down to the court house and get all the paper work on this .
     
  5. LoneGunman

    LoneGunman New Member

    1*Right. If you don't appear in court to fight it they win and get a default judgment even if the debt is way beyond the SOL.
    LB


    PS : As i said.
    You need to get rite down to the court house and get all the paper work on this .


    1* If they got the default judgement after the SOL is that grounds for getting it vacated? The courthouse is in another state so I'll have to get it through the mail which I'll start on tomorrow.
     
  6. lbrown59

    lbrown59 Well-Known Member

     
  7. lbrown59

    lbrown59 Well-Known Member

    I hate default judgments because they are a rip off.
     
  8. ms6073

    ms6073 Well-Known Member

    If you were not aware of the court proceedings then anything is possible. It sounds to me that a default judgement was entered on a time-barred (beyond SOL) but because you were not present or represented by legal counsel, the court entered judgement for the plaintiff! You need to obtain a copy of the actual judgement and have a lawyer who is familiar with FDCPA/FCRA review it. Typically in most states there is only a 1-2 year window available to the defendent in order to petition for a judgement to be vacated. It sounds like in this case, that the plaintiff's counsel either ignored SOL or depended on misleading/false information in petitioning the court to render judgement on an untenable debt, in which case you may be able to get the judgement vaccated.


    Michael
     

Share This Page