Credit Tips: Old Debt Collections Statute of Limitations

Posted On: April 1, 2005

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Post subject: statute of limitations for the collection

JC
Date: 12/29/2000 3:28 pm CDT

I just received noticed that a judgement was filed against me 8 years ago. I had no idea it happened. I get a phone call from the guy who originally filed (an old landlord) saying I owe him a large sum of money, and he would set me up on payments. Can he do this…I had no clue this judgement even happened. Please advise.

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Linda in VA
Date: 12/29/2000 11:14 pm CDT

Do you have the court documents? Or is this notice from someone else?

Linda in VA

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JC
Date: 12/30/2000 10:45 am CDT

I have copies of the original judgement

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Linda in VA
Date: 12/30/2000 9:00 pm CDT

Ut-oh! Well, first let me say that I am not a lawyer - I am an insurance agent.

Your state has a statute of limitations for the collection or enforcement of a judgement. In Virginia, where I live, it is 20 years. I strongly suspect that this is the same in all states, but you can go to guide.lp.findlaw.com/11stategov/ and click on your state, then click on the subject that has “code” or “codes and statutes” in it- however your state refers to the body of laws that govern it. You will be taken to another page where you can then click on “code”. Each state has a searchable database. I searched using “statute of limitation” and then read each search result looking for the statute of limitations pertaining to civil judgements. Then you can go to that document and see for yourself. If your not familiar with searching for things like this, and you want to email me the info (your state of residence) I will be glad to look it up for you.

If there were unusual circumstances (like hospitalization, an accident, emergency, etc.) and because of them, you were never served with the “warrant in debt” when the case went before the court, then you were most likely denied “due process” and it might be worth obtaining legal counsel. If you just moved out in the middle of the night cause you didn’t want to pay him, and remained successfully hidden away until now, then you probably won’t get out of it. But then, like I said, I am not a lawyer.

Hope this helps - good luck!

Linda, freezin’ in VA

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Linda in VA
Date: 12/30/2000 9:39 pm CDT

Wait a minute, I may have to take that back. *If* I am reading the laws correctly, you should move to Montana, hahaha. Statute of limitations for a civil judgement is only 6 years there.

I got curious and started looking up the different states. They may not all be the same.

Linda in VA

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Dani
Date: 1/3/2001 3:34 pm CDT

Sue:

This is a forum. The board here is not affilated with any credit card or its lender. I believe you have given us too much information on yourself and your account.
I, more than anyone, hate Fleet Credit Card Services. Since you have tried there customer service department with no response. Have you tried writing them? I have the address for their credit department, it’s about the only department there that responds. Send a certified letter to them asking them for the final balance on your account, and if there is anything you can do to clear this mark off your credit report. If they do not respond within 30 days report them to the Comptroller of the Treasury (handles all national banks) out of Houston, Texas and the Department for Consumer Affairs out of Delaware. If that doesn’t work I or one of the board’s members would be happy to help you. Best of luck.

Dani

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Board Monitor - CA
Date: 1/3/2001 5:12 pm CDT

Dani,

Thanks for your clarification and your good advice. Sue, let me know if you would like us to delete your personal information. The card number does not look like a full number, but I will be glad to delete it if you would like me to.

Let us know how things turn out!

Best Regards,
Curtis Arnold
CFCCT P.R. Director
http://www.cardratings.org

CardRatings.com is the most comprehensive source for comparing credit card offers. Please visit CardRatings.com to view the best rated credit cards!

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