Wednesday, March 17, 2010

Civil Claims Judgement on credit report 20 years later-How can this be?

I just recently looked at my credit report and there is a civil claims judgment that was put on there in 2005. It turns out to be from an apartment I rented in 1985- twenty years ago. This was not on my credit report prior to 2005. The judgment is for $1500.00. It has to be a rent dispute, but I actually do not remember.


Wouldn't there be a statute of limitations on this, usually 7 years?


The rental was in the state of Arizona.

Civil Claims Judgement on credit report 20 years later-How can this be?
Yes their is a statute of limitation as to how long a creditor can file a court case to collect a debt and under the most lenient state laws the longest I've seen on a written contract debt is 10 year. Check here http://www.bankrate.com/brm/news/cc/2004... or with your Clerk of court to verify your state law. However, it is your burden to raise statute of limitation as a defense when sued. Expiration of SOL is an absolute defense no matter what the original payment dispute entailed. However, to date the courts have not ruled that is illegal for a creditor tp sue you for a time-barred debt.


The judgement was obtained in default since you did not respond or come to court. You can try to get the judgement vacated for lack of service, since the time for appeal has long passed. If thiss is not granted then there is little else you can do. The judgement can stay on your credit report for 10 years maximum. You may want to check whether your state allows wage garnishments to collect judgements if you are not able to get the judgement vacated.
Reply:If there was a judgment put there, then you are stuck as judgments start clocks rolling again. I can't tell you how this came to be, except maybe some landlord contacted a collection agency with a ambulance chasing attorney.





I think that it is scary.
Reply:Judgments can not stay on your credit report longer then 7 years. Send a dispute letter to the credit bureau and demand it be deleted.
Reply:You could file a motion to vacate based upon lack of service. There is a clock running on how long you have to file based on your State rules so check them.


No comments:

Post a Comment

Blog Archive