[kayjay]

17 1/2 years ago I had a son. I moved a few months later. My insurance company did NOT pay for my medical bills (they said it was a pre-existing condition) although they paid for my son's. Several years later, I found out that a judgment against me had be granted for the unpaid medical bill (It's been so long I can't remember HOW I found out - I was in my mid-twenties so I will chalk not following up on it then to the ignorance of youth :D ). Over the years, I never received any communication from the debtor about the bill. However, in 2003 I had a bank account frozen and the funds (about $2000 ) seized to satisfy the judgement, which at the time was about $4300. I attempted to make a payment arrangement for the balance after the bank account seizure, but the collection agency wanted me to pay WAY more than I could afford monthly and offered little flexibility.

I constantly worry about this happening again. My question is, how/where can I find out about the SOL for judgement collections in NY? Also, is there ANYTHING I can do at this point to dispute this?

Grateful for any help/advice.

[ScottGem]

Judgements can be renewed, in some cases indefinitely. The SOL is generally on how much time they have to file for a judgement.

Talks to a bankruptcy atty, they normally offer a free consultation.

[DrJ]

In New York, the collector has 10 years to collect on a judgment before they have to renew it. They can also charge up to 8% interest during this time, which means the final balance might be pretty steep.

The SOL on filing for the judgment is 6 years... so depending on when they filed, they have likely already renewed it. (Unless they were rewarded the judgment AFTER the SOL was up... if no one was there to contest it, they could have gotten away with it).

Your credit report should reflect when the most recent judgment was granted.

As for contesting it at this point, you are likely SOL (and no, I Don't mean Statute of Limitations here lol).

A bankruptcy could clear it off... otherwise, find a strong negotiator (friend or relative, as no negotiation company will take a judgment case). If they are not garnishing your wages, they have NO WAY to collect on money right now. So they can either wait for a chance to get paid (in which they will have to monitor whatever bank account they KNOW ABOUT) or put a lien on your home (if you have one). SO with the right persuasion, I am sure they would be open to a settled amount.

[kayjay]

Thank you for your responses.

The judgment is no longer listed on my credit report. Question: If they had renewed the judgment, would it be relisted on my credit report?

I really do not want to declare bankruptcy. I have been working hard over the past couple of years to improve my credit history and right the wrongs of the past and I am almost there! I think it would be worse for me to add a bankruptcy to that, especially when the judgment is not even affecting my credit. I just do not want to have to worry about them seizing my account. Because of their inflexibility, I know I will have to approach them when I have a large sum of money at my disposal. They seemed unwilling to accept a monthly payment plan.

[ScottGem]

The best way to see if the judgement is still in force is to check with the court that issued it.

[kayjay]

I checked an old credit report and found that the judgment was issued in 1993, meaning the 10-year period ended in 2003. So, I should find out from the court if the judgment was renewed, and if it wasn't then ask them to vacate the judgment?

[ScottGem]

Yep

[kayjay]

I'll do that.

ScottGem and DrJizzle,

My sincerest thanks for you help!
:D :D :D :D :D