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Mamphyllis · Oct 30, 2008, 06:34 PM

Case Scenerio: Default Judgment filed in 2000, no activity for eight years. Judgment sold to new collector in 2008. New collector adds $2500 in fees. New Collector then files Writ of Execution.

Does PA have a SOL? How long is the SOL for credit card debt?

What forms do you file to contest a Writ of Execution. Due to the SOL has expired on the judgment? Do you have copies of the forms?

Does a collector have to renew a judgment after the SOL has expired? If so, is there a form they have to file?

If the collector received a default judgment in 2000, how long can they wait to file a Writ of Execution, lets assume they did not renew the judgment and the SOL has expired?

If the collector did not renew the judgment, can they sell the judgment after the SOL has expired?

Does the new collector have to advise the debtor of how much they paid for the judgment?

excon · Oct 31, 2008, 05:29 AM

Hello phyllis:

Judgments don't have SOL's. Depending on the state they were issued in, they last from 8 to 10 years and can be renewed for an addition period. I don't know if the lawyer has a form, but I doubt it. Lawyers don't use forms.

Sure, they can be sold, and fees added. As long as the judgment is in effect, they can file for a writ anytime, and they don't have to inform you.

The new collector probably didn't collect ANY money when they bought the debt, and any money you paid previously probably went toward the previous collectors fees and interest. No, they don't have to inform you of ANYTHING. Once they've received their writ, all they need to do is go to your bank and empty your accounts.

excon

ScottGem · Oct 31, 2008, 06:56 AM

You totally misunderstand what an SOL is. Statute of Limitations laws refer to the amount of time a party has to take legal action against another party.

But they already took legal action by obtaining a judgement. As soon as they filed suit against you within the SOL, then SOL no longer applied.

So what applies here is the term of a judgement. Generally a judgement has a term of 7-10 years. And can be renewed for at least one more term.

To check on the term of your judgement and whether it was renewed or needed to be, contact the court that issued it.

The only valid defense against a writ of execution is that you didn't know about the judgement in the first place due to improper service. If you knew about the judgement, then there is no defense and no way to block the writ.

So, unless the original judgement holder sold an expired judgement (highly unlikely), you don't have much recourse.