Remedies for a Judgment Issued in Error - The Bills.com Blog

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Remedies for a Judgment Issued in Error

Question: I have judgment that was issued by default (ie:)me not showing up in court. I believe that the 4 year SOL may apply and this judgement may have been issued in error. How do I find this out?

Answer: All states have a body of statutes in their codes of law called, "Limitations of Actions", commonly referred to as the statutes of limitations. The length of time a creditorhas to sue you depends on your state of residence and the type of debt. For example, many states allow longer for creditors to file suit to collect on closed ended consumer loans than on credit card debts. Most states give credit card issuers 3 to 4 years to file suit after default, but some states allow as many as 10 years. Check out bcsalliance.com . This site has more information about statutes of limitations and a list of limitations by state. If a creditor files a lawsuit after the allowed time, the court will usually throw the case out and not allow the creditor to file suit again (called dismissed with prejudice). However, you must raise the issue of expired statute of limitations in a written response

to the lawsuit, or else the court will not know that the statute of limitations has expired.

I encourage you to pull a copy of your credit report. You can pull your credit by visiting www.annualcreditreport.com. Generally speaking, the statute of limitations runs from the date of last activity, usually the date of last payment, on the account. However, you must remember that the application of the statute of limitation is a matter to be decided by the court in case the creditor files a lawsuit against you to try to collect this debt. While I think it is unlikely that a collector would attempt to sue you on a debt this old, if you do receive any court documents related to either account, you should consult with an attorney

in your area regarding the age of these debts and the applicability of the statute of limitations to your situation.

If you want a free debt consultation with one of Bill's approved debt help partners, click here: Free Debt Consultation . If you are struggling to pay your debts, you may want to consult with a professional debt resolution firm to discuss the options available to you.

To learn more about credit, credit scores, and credit reporting, I encourage you to visit the Bills.com Credit Solutions and Resources page .

I hope the information provided helps you Find. Learn. Save!

Best,
Bill
www.bills.com/blog

Also, make sure to get a free financial health check-up with Bills IQ!

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Bill has answered all sorts of questions and has been able to provide those in need of financial guidance with helpful and valuable advice and information on their specific financial area of interest. If you need specific guidance on any of the above mentioned financial areas, feel free to Ask Bill your financial questions and get better informed. Also, make sure to get a free financial health check-up with Bills IQ!

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