Statute of Limitations for Collections
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Posted: Wed Oct 27, 2004 7:46 pm
Post subject: Statute of Limitations for Collections
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.
archive
Posted: Wed Oct 27, 2004 7:47 pm
Post subject: Statute of Limitations for Collections
Linda in VA
Date: 12/29/2000 11:14 pm CDT
Do you have the court documents? Or is this notice from someone else?
archive
Posted: Wed Oct 27, 2004 7:47 pm
Post subject: Statute of Limitations for Collections
JC
Date: 12/30/2000 10:45 am CDT
I have copies of the original judgement
archive
Posted: Wed Oct 27, 2004 7:48 pm
Post subject: Statute of Limitations for Collections
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 http://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.
Posted: Wed Oct 27, 2004 7:46 pm
Post subject: Statute of Limitations for Collections
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.
archive
Posted: Wed Oct 27, 2004 7:47 pm
Post subject: Statute of Limitations for Collections
Linda in VA
Date: 12/29/2000 11:14 pm CDT
Do you have the court documents? Or is this notice from someone else?
archive
Posted: Wed Oct 27, 2004 7:47 pm
Post subject: Statute of Limitations for Collections
JC
Date: 12/30/2000 10:45 am CDT
I have copies of the original judgement
archive
Posted: Wed Oct 27, 2004 7:48 pm
Post subject: Statute of Limitations for Collections
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 http://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.
