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    scorpiosquill's Avatar
    scorpiosquill Posts: 4, Reputation: 0
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    #1

    Dec 5, 2010, 10:53 AM
    Can I vacate a judgment that was filed past the statue of limitation to collect debt?
    A judgment was filed and recorded for $27k in 2006 from a credit card last used in 2000. State law statue of limitation is 4 years to litigate from the last activity of the card user. But the suit stated I had to file a motion not just appear in court and I had no money or any resources to respond to the judgment so the credit card co. won the judgment by default. But it was filed illegally from the statue of limitation. My question is now that it is 2010 what are my chances to vacate this judgment in court? With fees and interest this is now over $50k on an original $9k credit card debt from my divorce. State of Louisiana.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Dec 5, 2010, 11:07 AM

    Slim to none. You had a chance to defend against this suit. It should not have cost you anything to file an Intent to Defend and appear in court. Also, while you may think the SOL had expired, its probable the plaintiff had a different date to use. Its one thing to file a suit without sufficient documentation in hopes of getting a default, its another to file illegally.

    But the bottom line is you had a chance to fight the suit and you didn't.
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