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    8887741's Avatar
    8887741 Posts: 2, Reputation: 1
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    #1

    Mar 5, 2011, 09:50 AM
    Garnishment and Judgement
    How to stop a wage garnishment cause by a judgement that was filed after statue of limitation?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Mar 5, 2011, 10:24 AM

    First let me say that the laws for these transactions vary from state to state and you don't mention what state you are in.

    If you did not respond to the summons in a timely manner, or didn't respond at all, then the judgment was awarded by default. In order for a court to set aside a judgment you must be able to show that the judgment was entered in error, that you had good reason for failing to respond to the summons, and/or that there is a good chance that you will prevail if the judgment is set aside and the case reopened.

    Of course I am only assuming that you did not respond, or were late in responding.

    If you intend to have this reopened I suggest hiring a lawyer to assist you.

    Tick
    8887741's Avatar
    8887741 Posts: 2, Reputation: 1
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    #3

    Mar 5, 2011, 11:23 AM

    This happened in California and it was a default judgement. The case was filed in court after 5 years from a demand letter to pay in full.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #4

    Mar 5, 2011, 12:09 PM

    Have it reopened then on the basis that the judgment was entered in error (after statute ran out, and it is four years in California).

    Note, when a statute of limitation expires, it does not mean that the debt goes away, it means you can use it as a defense to stop collectors from collecting through the court system. They can still try to collect other ways.


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    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Mar 16, 2011, 04:07 PM
    Quote Originally Posted by 8887741 View Post
    this happened in california and it was a default judgement. the case was filed in court after 5 years from a demand letter to pay in full.
    But this doesn't explain WHY there was a default judgment. A default judgment occurs if you fail to respond to a summons or don't show for a hearing. So HOW did a default judgment come about?

    SOL is also a complex thing. You may think the SOL has expired but there may be something that set it starting again.
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