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    naboylan50's Avatar
    naboylan50 Posts: 3, Reputation: 1
    New Member
     
    #1

    Feb 12, 2007, 02:28 PM
    Judgement on credit card debt
    I was sued by a an agency that had purchased a charged off account. I believe the statute of limitations had expired based on what I saw in my credit report. Because of some severe personal trauma in my life I did not respond to the summons and a default judgement was found against me. Now the attorney sent me a letter asking about my assets. I have none, no property, no car, etc. Just my bank account where I have my civil service retirement check deposited. After rent, utilities, food, there is nothing left. If they were to freeze this I would have NO MEANS to live. Is it too late to go back to the court and show that the suit was filed improperly based on statute of limitations? Do I have to respond to the attorneys inquiry about assets? They said they would forward it to the court if I did not respond? Also I am thinking of moving to another state. Does the original judgement have any clout in the new state I am going to?

    I have extreme personal problems right now and this is not helping. Is there something I should be doing now, or have I burned my bridges?
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
     
    #2

    Feb 13, 2007, 05:02 AM
    THe judgment can be transfer to another state, you can file a Motion to Vacate the judgment for lack of jurisdiction, lack of proper service.

    If the statute of limitation was up, file MOtion to vacate due to that reason.

    Look up the court rule in your state online.

    File discovery against the attorney to, demand the original contract for the alleged debt, ask question about SOL for this debt and question like that , read sticky under Bankruptcy and Debt for more information.
    Miguel863's Avatar
    Miguel863 Posts: 6, Reputation: 2
    New Member
     
    #3

    Nov 29, 2007, 04:42 AM
    Quote Originally Posted by mr.yet
    THe judgment can be transfer to another state, you can file a Motion to Vacate the judgment for lack of jurisdiction, lack of proper service.

    If the statute of limitation was up, file MOtion to vacate due to that reason.

    Look up the court rule in your state online.

    File discovery against the attorney to, demand the original contract for the alleged debt, ask question about SOL for this debt and question like that , read sticky under Bankruptcy and Debt for more information.
    To file this motion can you file it in small claims court for no fee or will this cost a fee?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #4

    Nov 29, 2007, 01:20 PM
    Quote Originally Posted by Miguel863
    To file this motion can you file it in small claims court for no fee or will this cost a fee?

    If you are moving to vacate a Judgment only the Court that granted it can vacate it.

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