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Judgement, SOL expired, etc.


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07/1996 Original Purchase

09/1997 reported as multiple 90+ late by OC, last updated on 09/1997

01/1998 Judment against me for $1806.34 (I did not show)

02/1998 Signed payment plan with OC's attorney (via mail) and sent one payment for $775.67

Defaulted and never sent second and final payment

Judgement was NEVER reported to CRA's.

03/2003 I sent a DV to original creditor (I know, just a shot in the dark)

03/2003 Disputed with CRA as "not my account"

03/2003 Received from OC copies of judgment, original signed contract, etc., stating that I owe $1700 now.

SOL here in Texas is 4 years.

Tradeline on credit report shows "joint account". This was actually an "individual account".

It has been over five years since I signed the judment payment plan and sent a payment.

Questions:

Could OC have the judgement reported at this time?

If so how long can it legally be reported for?

Could I be taken to court again and new judgement against me for default?

I am thinking I should:

Just drop my contact with the OC at this point.

Pursue with the CRA (if the CRA verifies by April 10th) and nickel and dime the CRA with the tradeline info such as type of account, dates, amounts, etc.

If all else fails, can I re-negotiate with the OC

Any takers for suggestions or criticism? :confused:

<blockquote>Originally posted by bingo

According to this site, the SOL for a Tx. judgment is 10 years.

</blockquote>

Thanx for the input. I searched and couldn't find it in Texas Code or on this site. This tells me the route I will take now.....nickel and dime the CRA and leave the OC alone, hoping the OC will not follow up and report the defaulted judgement.

[Edit by BIG on Tuesday, April 1, 2003 @ 10:40 PM]

<blockquote>Originally posted by kenrb01

Here is a link to info on Judgments in Texas:

http://www.capitol.state.tx.us/statutes/ci/ci0003100toc.html

Here is link that includes SOL, garnishment, etc.http://www.capitol.state.tx.us/statutes/cvtoc.html</blockquote>

Thanks kenrb01....found it in your link to Texas Code......

§ 31.006. Revival of Judgment

A dormant judgment may be revived by scire facias or by an action of debt brought not later than the second anniversary of the date that the judgment becomes dormant.

[Edit by BIG on Friday, April 4, 2003 @ 10:07 AM]

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