[lawyer2b]

My boyfriend received a letter today that a judgment has been entered against him for a credit card debt. He ignored the previous letters and probably threw away the summons not realizing what it was (he has a lot of growing up to do obviously). However, the SOL in New York is 6 years and he swears that the last activity on this account was over 6 years ago. Could the creditor have obtained this judgment regardless of the SOL since we did not answer, if so can anything be done now? Like many right now we are struggling with a young child and wage garnishment would hurt us badly...

[this8384]

SOL starts on the date that the last payment was made. Is your boyfriend absolutely 100% positive that the last payment was made more than 6 years ago? Because it sounds like a lot of information is missing from this story, between him throwing away notices and your statement that he has a lot of growing up to do.

The creditor may have obtained the judgment prior to the SOL expiring, which would mean they have every legal right to garnish his wages.

[lawyer2b]

He is positive. There hasn't been any activity on the account since 2000. His credit is in ruins and he gets many letters from 3 different debt collectors. Letters starting coming from a law office from this particular account that he just disregarded as a scare tactic. I think he threw most of them away without even reading them. He has been very irresponible financially in the past and thinks these things eventually just go away if you ignore them. (trust me I could kill him right now!) Is it possible that a judgment could be entered against him since he did not answer even if the SOL has run? Would it be worth the effort to have the judgment vacated if at all possible since coming up with the money right now is next to impossible. He works hard, is supporting me through law school right now and we have a baby to support as well. He does owe this debt, eventually it will get paid, I am looking for a way to postpone this. It takes time to climb out of hole this deep.

[slowandeasy]

The judgement was likley entered before the sol expired. If your boyfriend ignored calls and letters... well this is what happens. BY getting a judgement they can now garnish his wages,if your state allows and attach your bank accounts. Now that the creditor has a judgement there is little reason for them to work out a paymemt plan. How much is the debt

[lawyer2b]

The debt is not that much, $3,500, sadly that is a lot to us now in our current situation. I called the law office that acquired the judgment and they are willing to take 15% off the total if we can pay now, they even said they could take two payments but within the next 30 days. (Is it even the lawyers job to collect?)
I've been trying to find out if it is possible for a creditor to get a judgment when the SOL has run when the debtor didn't answer and use SOL as their defense; or if the judgment can only be entered upon proof that the SOL has not run, whose burden is it to show that? Can I file a motion to vacate the judgment on these grounds? Could I do it myself or do we need a lawyer?

[ScottGem]

The first thing you need to do is find the court that issued the judgement and find the date the suit was filed and the judgement issued.

If the defendant (your b/f) doesn't respond to the summons, then the plaintiff can ask for a default judgement. This would be granted by the judge without checking the facts of the case since your b/f ignored the summons.

The date the suit was filed is the key here. Its possible the suit was filed within the SOL, but the judgement was handed down after.

If you feel that the SOL had expired before the suit was filed your b/f (NOT you, you have no legal standing) can file a motion to vacate.

[lawyer2b]

He is sure that is has been 7 to 8 years since any activity on the account (maybe more). The judgment date was sept. 4, 2008. I'm not sure when it was filed but I do know that he has only been receiving letters from the law office after we moved to our new address this past march. If he were to file a motion to vacate, what kind of proof does he need? His degree of care concerning document retention is obviously and sadly very low. I'm sure finding statements from that long ago is a lost cause. Is it the debt collector's burden to show that sol has not run, or does he (b/f) need to prove that?

Thank you for the information, it has been most helpful and I am extremely appreciative :)

[Fr_Chuck]

First of course they can get a judgement if he did not appear in court. They get a default judgement without the judge even looking at any evidence at all.

He should have went to court, showed it was outside the SOL or ask for proof prior to the judgement.

Now he will have to make a motion in court, and ask for a new hearing.

[ScottGem]

If this was done in small claims court they are more lax. If he files to vacate because it didn't get his day in court, there is a good chance he will get it. He can present whatever statement he can on the SOL and leave it up to plaintiff to prove it.