View Full Version : Debt statute of limitations
bartman2003
Jul 22, 2009, 01:24 PM
I read some great information here on void judgments and I am going to look into this. My question is what is the statute of limitations for debt. I received two debt judgments against me over eight years ago that were never paid. Can they still try to collect? If I get the judgments vacated are they still within the statute of limitations to sue me again? Also I have old debt, more than 7 years old, that I have been receiving automated calls from attorneys(debt collectors) for. Can I still be sued for these debts. I would be willing to settle these at a reasonable cost once I'm working again. Would this be a good idea.
Fr_Chuck
Jul 22, 2009, 01:31 PM
If they got judgements, the statue of limitations have no standing any longer. Once they get a judgement, the SOL is not longer in effect. A judgement on average is good for 10 years and can be renewed very easy for another 10. * 8 years in some places
ScottGem
Jul 22, 2009, 01:35 PM
First, as Chuck said, the SOL refers to the time limit a creditor has for seeking legal means to collect the debt. As long as the original suit was filed within the SOL, then it doesn't matter if you can get it vacated. The SOL stopped running when they filed suit.
As to what the SOL is on the debts that you haven't been sued for, that depends on where you reside, an essential piece of info you neglected to impart.
But even if the SOL has passed, that does not end your obligation to pay the debt or the creditor's ability to dun you. It simply limits the means they can use to collect.
bartman2003
Jul 22, 2009, 01:38 PM
I live in Illinois if that matters. I was wondering if my workmans compensation payments or a disability settlement can be seized to satisfy old(more than 8 years) debt judgments?
ScottGem
Jul 22, 2009, 01:41 PM
Any monies depositied in a bank account become commingled funds so the source of those funds do not matter if the bank is served with a write of execution.
You would then have to prove the source of the funds were exempt, if they indeed are.