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    Rammer's Avatar
    Rammer Posts: 1, Reputation: 1
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    #1

    Jul 14, 2008, 04:35 PM
    Statute of Limitations on a Judgement?
    I have been recently contacted by a collections agency regarding a loan and credit card debt which I had not paid. The debt was for 15,397 total and a judgement was passed in 2000. I have heard nothing from the creditors or any collections agency until now and I am under the impression that the statute of limitations has expired and since I have just started to establish my credit again that they are looking for some kind of payment.

    P.S. The house I live in is mortgaged in my girlfriends name only, is there a chance of them trying to seize any assets through her?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jul 14, 2008, 05:08 PM
    Quote Originally Posted by Rammer
    I have been recently contacted by a collections agency regarding a loan and credit card debt which I had not paid. The debt was for 15,397 total and a judgement was passed in 2000. I have heard nothing from the creditors or any collections agency until now and I am under the impression that the statute of limitations has expired and since I have just started to establish my credit again that they are looking for some kind of payment.

    P.S. The house I live in is mortgaged in my girlfriends name only, is there a chance of them trying to seize any assets through her?

    The Statute refers to the period during which the debt is still "alive," during which it can be legally pursued. The Judgment is good for at least 8 years, often 10, and it's renewable at least once for the same term.

    No one can seize any assets/monies that are NOT in your name.

    I'm surprised with a $15,000+ debt that no acton has been taken to toward garnishment of your wages or even seizure of your auto - although they hate to do that in most cases and resort to it when all else fails. You have probably heard from them because they are looking to collect through any legal means, including seizing bank accounts in your individual or joint name.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jul 14, 2008, 05:14 PM
    Judgements can easily be renewed for another term. But depending on where you live, they are good for 7, 8, 10, 12 years I have heard of some good for up to 20 years ( but have not personally seen 20 years) But they are easy to renew for another period of years without you being notified.
    corvettekenny's Avatar
    corvettekenny Posts: 8, Reputation: 1
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    #4

    Aug 7, 2008, 12:34 AM
    If the judgement can be renewed indefinitely, then what's the point of the statute of limitations? The creditor taking you to court to obtain a judgement seems like a trivial loophole.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Aug 7, 2008, 05:33 AM
    Quote Originally Posted by corvettekenny
    If the judgement can be renewed indefinitely, then what's the point of the statute of limitations? The creditor taking you to court to obtain a judgement seems like a trivial loophole.

    I don't quite understand the question - the Statute of Limitation (the time during which the creditor HAS to sue for payment of a debt or else the debt expires) has nothing to do with the period allowed to collect that debt following the Judgment.

    Without the Statute the creditor could pursue you for a debt indefinitely -

    Why does the Statute appear to be a trivial loophole to you - ?

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