We got a letter claiming that we were taken to court in 2000 and owe $3500. After a judgement is filed how long do companies have to collect the money before the judgement is invalid? Or is it ever invalid? They claim its a default judgement, but we can't recall ever being served. I live in MO if that helps out.
2007-08-23 12:40:04 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
First, so not wait. You have to take action. If you were never served, you should be able to get the judgment vacated. That may also work against the creditor if they lied about the service. If you owed the money to these people, if they did serve you, at least in California, you are toast. In California, a judgment is good for 10 years, and then can be renewed for another 10. Find out what the case number is, and verify you were even sued. I would also advise you spend a little money and consult an attorney.
2007-08-23 12:51:42 · answer #1 · answered by Songbyrd JPA ✡ 7 · 0⤊ 0⤋
You can look in the court file for the "proof of service". If you think service was not made, then It may be possible to attack the judgement.
Most likely you were served by certified mail and just don't remember it. 7 years is a long time ago to remember details.
As far as a statute of limitations, there isn't one per se in most states. In KS, we call them dormancy. Here, if a judgement is not collected and no attempts to enforce or collect have been made in the five years since the judgement it becomes dormant. If it is dormant for two years it becomes uncollectable. That is in KS. MO may be different.
I would request a copy of the default order from the collection agency. That will give you the court, county and case number. Then you can contact the court for a review of the file.
You should contact an attorney as there is probably interest owed on the judgement as well.
2007-08-23 12:55:56 · answer #2 · answered by hensleyclaw 5 · 0⤊ 0⤋
The statute of limitations in MO is 10 years, but can be renewed, resulting in a permanent judgment, as long as they do what they need to. If you were never served, ask for a copy of the judgment, contact a lawyer, and contest the judgment in court. They are not always final, especially default judgments.
2007-08-23 12:49:41 · answer #3 · answered by James 7 · 1⤊ 0⤋
A judgment (no "e") is valid for 20 years, NOT 10. If you pay the judgment, it will remain on your credit report, but will be shown as "paid" (or "0" balance.)
2007-08-23 13:09:44 · answer #4 · answered by rare2findd 6 · 0⤊ 0⤋
10 years more or less is the prescriptive period for execution of judgement depending upon the laws prevailing in your country.
2007-08-23 12:48:02 · answer #5 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
properly this could sound loopy, yet, you may take them to court docket. It called "Contempt of court docket" no longer think of they could certainly be there. i think of it a manner for the courts to make greater funds off you. nonetheless will possibly no longer do something for you. The court docket equipment relatively snarled. Sorry, that merely how that's. :-(
2016-12-16 04:12:01 · answer #6 · answered by Anonymous · 0⤊ 0⤋