scrodman

SOL vs. data suit filed vs. judgment date

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Question re: Capital One judgment...

1) credit card goes delinquent starting July 2007 and goes to charge-off/closed in Jan 2008

2) summons to appear allegedly served Nov 2009.

3) default judgment obtained Oct 2010.

Now, the Capital One credit card agreement of 2008 states that the laws of Virginia apply regardless of the state of residence of the cardholder. VA has a 3 year SOL for credit cards.

Does this mean the judgment was then obtained *after* the SOL ran out?

Or, does the fact that the lawsuit was begun within the SOL override that?

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Also make sure that all of the correct paper work was filed before the judgment was entered.

One thing to pay attention to is the affidavit of non military status, whether you are in the military or not, it is federal law, and all of the states have the same rule, that the affidavit of non military status must be filed before a judgment can be rendered. Its a loophole in the law that a lot of junk debt attorneys overlook.

If it was not filed the default is void on its face due to violations of the RTP and federal laws.

Look in your state rules of trial procedure under default judgments and I bet you anything it is there and it states that the affidavit, with facts to back it up, have to be filed before a judgment is rendered.

You can use the as a means to attack the judgment as being void.

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Also make sure that all of the correct paper work was filed before the judgment was entered.

One thing to pay attention to is the affidavit of non military status, whether you are in the military or not, it is federal law, and all of the states have the same rule, that the affidavit of non military status must be filed before a judgment can be rendered. Its a loophole in the law that a lot of junk debt attorneys overlook.

If it was not filed the default is void on its face due to violations of the RTP and federal laws.

Look in your state rules of trial procedure under default judgments and I bet you anything it is there and it states that the affidavit, with facts to back it up, have to be filed before a judgment is rendered.

You can use the as a means to attack the judgment as being void.

Thanks!

My wife's mother is supposed to be picking up a certified copy of the records available from the case today. My wife no longer lives in that state so her mom is helping out.

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Ok, her mom has the documents and is mailing them to us today. Should have them Thur/Fri. Nowhere in there was anything signed by my wife. The summons was signed by the process server, himself.

From what I've read of Nevada law, the summons has to be delivered to a person at the address or, in the case of a gated/guarded community (which it was at the time) left with the guard or if refused, then sent via Registered or Certified mail (but, again, my wife never received such a letter)

Is this, then, a technicality on which we can file a motion to vacate?

Also, if we are able to get the judgment vacated, would the OC (Capital One) be able to sue again even though now it is past the SOL for collections for credit card debt?

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