Hello, My boyfriend just got a judgment against him for a charge off the sol is up but the judge still granted

Question

it now we need to show proof to the judge that the sol really is expired. We have called all the parties involved and ran a credit check with no luck. Help!! Thanks in advance.

We live in Washington State, I know it is 3 years for the sol to expire.The default was in 2002 but the only problem is we have no proof of this. This is all pretty shady on the creditors attorneys because he got served with documents saying that if he didn't call thier office they would be filing papers but he never was served with a court date to appear.

Answer 1

Have your boyfriend call the credit reporting agencies and ask what the obsolescence date is on the account. Have him ask them to send the information to him in writing (or to fax it to him if time is short).
You can count back from the obosolescence date to find when your collecting SOL started to run.

If it is for a credit card the SOL starts running either from the first time he was 30 days late and never brought the account current leading to the charge off OR it is from the last time he made a payment or charge on the account. Which one depends on what state he is in.

If it is from a loan, it would be from the last payment.

Keep in mind that if he was still within SOL when the lawsuit was filed - the SOL stops running and he would not have a SOL defense. If they filed after the SOL expired, he would have a SOL defense.

Go to the link I've provided, scroll to the bottom of the page and click on the state your boyfriend is in. It will give not only the length of time for the SOL, but will also give the SOL statutes and will usually mention which starting period is used for that state.
http://whychat.5u.com/

edit+++++++
Your boyfriend was never served a proper summons???

He should go to the court clerk and ask for a copy of the "complete" file - INCLUDING the service papers. Find out how he was supposedly served. If he was served improperly, he should file a motion to vacate for improper service.

To find out what constitutes proper service in your state, click on the following link.
http://www.megalawserve.com/states/wa.php

It really sounds like your boyfriend should get an attorney

Answer 2

Are you sure the SOL is passed? The SOL begins from the date of the last activity on the account. I don't know what state you're in but the SOL varies by state.

Activity can be the last time he made a payment or it also can be the last time he agreed to make a payment. It's NOT the last time he used the credit card.

Also, if he didn't show up for the hearing, he got a default judgment against him and he'll have a tougher time now because of not showing up the first time around.

The first thing you need to figure out is when he either last made a payment or when he last agreed to make payments. That is the date the SOL started.

The SOL IS NOT 7 years. It varies by state. Check the link below for your state.

Additional info: The "default" was when he stopped paying the bill. That does not mean that was when the SOL started. There are several things that can trigger starting the SOL later then the date he stopped paying. If it was turned over to a collection agency and they tracked him down and he talked to them on the phone and agreed to pay them anything, that started the SOL again from the date of that phone call.

I hate to be sarcastic here but you're calling the collection agency shady (and I don't disagree, most of them really are) but your boyfriend didn't pay a bill. He owed the money. That's kind of shady too, don't you think?

The statute of limitations for a judgment in Washington is 10 years and can be renewed for another 10 years. Now that they have a judgment, they can start trying to go after his assets. In Washington, they can actually seize personal property.

In all honesty, you need to get an attorney at this point. That will probably cost more than the debt was. Either that, or just pay the judgment.

Answer 3

You may be s.o.l. because you don't have the proof to show that the statute of limitations is up. This is part of why it's so important to have good records. Your boyfriend is still going to owe that money, it's just that people won't be able to sue for it. The statute of limitations is 7 years from last activity. If your boyfriend paid part of the bill, that would be the last activity.

Answer 4

The WA statute of limitations for written debts is 6 years. What type of debt was written off? If the debt involves a credit card, do you have statements? They would be your best evidence.