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Question on Statute of Limitations and public records


joshight1
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This is my first post and I would like to start by thanking everyone on this site for their contributions and for taking the time to answer all of our questions. The information I've learned so far has been very helpful :).

Now onto the question -

I have an credit card account that was opened in New Mexico in April 2002. Due to financial issues the account was charged off in March of 2004. The last payment was made in September of 2003 and the account was closed in November of 2003.

In September of 2005 a judgment was filed in the state of Wisconsin and won due to the fact that I didn't reside in the state at the time and didn't receive any paperwork regarding the trial. I had moved to California 6 months earlier, so I can't understand how they were able to sue me in a state I didn't live in. I only tracked it down from my credit report several months after. Anyway, I now have a public record on my credit report from this judgment.

My question is 2-part: Since the statute of limitations is 4 years in both New Mexico(where the account was opened) and in California(where I reside currently) should I be trying to settle with the company my account was sold to? How does the judgment impact the statute of limitations?

What can I do about the judgment and public record? How can I get it removed? From what I understand you can't be sued in a state you don't live in - is this correct?

Thanks for everyone's help. :)

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This is my first post and I would like to start by thanking everyone on this site for their contributions and for taking the time to answer all of our questions. The information I've learned so far has been very helpful :).

Now onto the question -

I have an credit card account that was opened in New Mexico in April 2002. Due to financial issues the account was charged off in March of 2004. The last payment was made in September of 2003 and the account was closed in November of 2003.

In September of 2005 a judgment was filed in the state of Wisconsin and won due to the fact that I didn't reside in the state at the time and didn't receive any paperwork regarding the trial. I had moved to California 6 months earlier, so I can't understand how they were able to sue me in a state I didn't live in. I only tracked it down from my credit report several months after. Anyway, I now have a public record on my credit report from this judgment.

My question is 2-part: Since the statute of limitations is 4 years in both New Mexico(where the account was opened) and in California(where I reside currently) should I be trying to settle with the company my account was sold to? How does the judgment impact the statute of limitations?

What can I do about the judgment and public record? How can I get it removed? From what I understand you can't be sued in a state you don't live in - is this correct?

Thanks for everyone's help. :)

Search the boards for vacating a judgment.

You can be sued in any state for any reason--whether it will hold up is up to the court.

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I would ask to get the judgment vacated as they received a "default" judgment. You are still within the SOL until September 2007 so I would be careful about doing this just year. Say you do get it vacated, if they know where you currently are, they could come after you within the SOL time limit. :roll: There is information on this forum as to "how to vacate a judgment" which could help you get started but watch your time closely. :? The state of California has a 10 yr. time limit in which to collect on a judgment. :)++

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Thanks again for your help! :) I really appreciate it.

So in my case since there is a judgment in Wisconsin they can come after me in California for the debt for 10 yrs?

It sounds like the best thing would be to wait until after Sept when the original SOL is up and then try to get the judgment vacated.

If I'm not able to get the judgment vacated then would it be best to settle with debt collector?

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Can the judgment still be domesticated in CA after the SOL of 4 yrs expires in September?

Thanks for your help.

I beleive that once they get a judgement if the judgement is not vacated then yes. The SOL is of no good to you once they have a judgement. If you get the judgement vacated then I beleive if they bring suit after in CAlifornia then you can use SOL as a defense.

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