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    lukesmommy's Avatar
    lukesmommy Posts: 1, Reputation: 1
    New Member
     
    #1

    Jun 3, 2008, 08:37 AM
    I just lost a case through Small Claims
    I owe a Medical charge (California)from 12 years ago, and wasn't informed of it. I now live in another State( North Carolina) and am being threatened by the Lender to pay in full or they will record a judgement aggainst me. I want to know if they can do this, and if so, would I get my wages garnished?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Jun 3, 2008, 08:51 AM
    If you lost the case, the judgement was already entered. They can now use that judgement to garnish your salary.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jun 3, 2008, 10:23 AM
    If it is that old, how did they win a law suit? You should have challenged the debt on SOL. But if they won the law suit then they already have the judgement
    hobbsa1's Avatar
    hobbsa1 Posts: 28, Reputation: 1
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    #4

    Jun 3, 2008, 10:45 AM
    The statute of limitations is 4 years in California, they are just some scavenger debt collection agency most likely trying to act as a law firm to try to get you to pay. They don't go from state to state. After the 4 years in CA, the debt is written off, and debt agencies buy the debts for just pennies! If it happened in the state of California, and its been longer then 4 years, you should be golden. BUT if you admit there is a debt, and admit you have that debt, and/or have tried to pay on this debt THUS admitting you have the debt to claim as your own, they can start the process all over again and try to get you. So be careful how you talk to debt collectors... saying nothing at all and playing dumb is sometimes the best way.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jun 3, 2008, 12:10 PM
    Quote Originally Posted by hobbsa1
    The statute of limitations is 4 years in California, they are just some scavenger debt collection agency most likely trying to act as a law firm to try to get you to pay. They don't go from state to state. After the 4 years in CA, the debt is written off, and debt agencies buy the debts for just pennies! If it happened in the state of California, and its been longer then 4 years, you should be golden. BUT if you admit there is a debt, and admit you have that debt, and/or have tried to pay on this debt THUS admitting you have the debt to claim as your own, they can start the process all over again and try to get you. So be careful how you talk to debt collectors...saying nothing at all and playing dumb is sometimes the best way.

    I'm not sure when the Judgment was obtained - it could have been years ago and they just found the OP or years ago, renewed... and then they found the OP.

    Was it a recent Judgment? If he's been out of the State of California for some time (?) it must be old and perhaps the debt was NOT out of Statute when the Judgment was obtained.

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