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Motion to Revive Dormant Judgement


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I've received a Motion to Revive Dormant Judgement from Capital One Bank in the amount of $6305.82.  The letter came to me in my previously married name.  I have since divorced, returned to maiden name, then remarried.

 

I am unsure of how exactly to proceed as I left my ex-husband in quite a hurry because I feared for my life.  I left in Jan. 2008, and because of the rush, I left quite a bit of infomation at that place.  I found out 6 months later he was in jail and so I don't know what happened to the stuff and information I left behind.  For a while I kept track of my credit report but have not done so in years.  I cannot for the life of me remember if Capital One Bank was indeed something I owed or not.  I have attempted to get another credit report, but they will not allow me to view online so I sent for mailed in versions but those will take a while to come in.  It is entirely possible my ex-husband opened something in my name while we were still married and kept it from me.  Since I was the only one working we were always strapped for money and that upset him a lot. 

 

I have done a little research and typed up a reply letter, but I'm unsure if it will work or not.  Basically I'm at a loss.  Attached is the letter.

 

Any advice or help is gratefully appreciated.

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I would consult a NACA attorney at www.naca.net because a couple hundred bucks fee to have them draft a proper motion to the court opposing reviving it could be well worth it.  The crux of the problem is you had no knowledge of this judgment and reviving it now deprives you of the opportunity to properly defend against it.  Also, by letting it expire they waived their right to collect.  I would also use the ex and jail as leverage as well but it will take a lawyer to do this as it is complicated.

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