Is it too late to file to vacate a default judgement entered in 2009

[TenaciousTeena]

Newbie here. I did search before posting so forgive me if this is a topic that has already been covered.

LVNV Funding got a default judgement against me in 2009.

I just found out about this in January 2016.

The debt was beyond the SOL for legal action in 2008.

Is it too late to file a motion to vacate this judgement on the grounds that it was beyond the SOL when the judgement was entered? 

Thanks in advance.

*Stenger & Stenger garnished my wages in Jan. 2016.

I filed for a court hearing to dispute the garnishment. Stenger & Stenger rescinded the garnishment & returned my money.

Now they're trying to garnish me again. I want to do away with this once and for all. 

[Harry Seaward]

3 hours ago, TenaciousTeena said:

Stenger & Stenger rescinded the garnishment & returned my money.

What reason was given for them doing this? What do you have in writing from them about this specific event?

I'm going to say you can't get a default judgment vacated on a SOL grounds.  You would have to first argue you weren't properly served and then file an answer wherein you would assert SOL as an affirmative defense.  The problem for you is you appeared in court 7 years after default judgment to argue against the garnishment, so you have no shot at convincing the court you didn't know about the lawsuit. The time to argue to vacate the default judgment would have been back in Jan 2016 when you first learned of the lawsuit. 

SOL is also not grounds to ask for a new trial as the fact that it was beyond SOL was discoverable at the time you were sued. 

[TenaciousTeena]

They gave absolutely no reason for rescinding the garnishment. After they garnished me I wrote a letter to the court requesting a hearing to dispute their garnishment. About a week or so later I got a notice in the mail that the garnishment had been rescinded.

They had taken about $1000 from my paychecks over the 4 months that they garnished my wages. They returned all of the money to the clerk of courts who returned it all to me.

I talked to a lawyer about all of this and he told me that they must have violated the FCDPA so they rescinded the garnishment. 

LVNV and Stenger & Stenger have been having the court (according to the clerk of courts) to send all of my court related paperwork to me at a P.O. Box in a city 20 miles from me. I don't live in that city or have a P.O. Box there. So, actually, I never got the paperwork about the court hearing where they got the default judgement.

I spoke to two attorneys today who said that if the judgement was obtained after the SOL then I have grounds to ask for the judgement to be vacated. I'm hoping that is true. 

 

 

[Guest usctrojanalum]

It's kind of Ohio specific to their rules of civ pro.  NY you could get a judgment vacated because it was beyond the SOL at the time the judgment was entered.

You can bring motion seeking BOTH relief from the judgment (having it set aside) and asking the court to dismiss the complaint due to the statute of limitations expiring if you have affirmative evidence of such.

[nobk4me]

I would recommend that you contact a consumer attorney.  If they violated the FDCPA, a consumer attorney will often take your case at no cost to you.  I have used this law firm, with success, in Ohio:

 

http://www.fairdebtcollectionhelp.com/

[TenaciousTeena]

Thanks nobk4me. I'll check out the link.