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Can a judgement be filed after 12 years of inactivity?

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simplyusa72

Joined: 27 Jan 2010
simplyusa72's page
Posts: 1

31 Magic Points

Subject: Can a judgement be filed after 12 years of inactivity?

Wed Jan 27, 2010 6:54 am

I had a collection agent call me the other day stating that if I can not provide him with 50% of the amount owed if he will have to file for a warrant in debt for the money owed. Here is the thing: the collection account is 12 years old and is not existent on my credit report anymore. Can he actually still take me to court???

debranewell2008

Joined: 10 Oct 2009
debranewell2008's page
Posts: 594

99 Magic Points

Wed Jan 27, 2010 9:13 am

You need to check the SOL for your state. Now if it has past then no they can not collect from you and you need to send a letter to them stating this. If it hasn't past then yes they can collect. But do not pay them anything if the SOL has past because if you do it will reset the time and the SOL starts all over.

Aaron
Guest

Subject: Can a judgement be filed after 12 years of inactivity?

Wed Jan 27, 2010 11:49 am

Hi simplyusa,

What you need to do is, check the SOL of your state, as debranewell has advised. Don't do anything with the account before you surely know that the SOL has expired. If the SOL has expired then the creditor can do nothing about it. However if the SOL hasn't expired then you should first be sure about it, that you owe the debt. Only then can you go for a settlement with the original creditor. For this again you must send a cease and desist letter to the CA.

However if you think that you don't owe the debt then you can opt for a dispute with the credit bureaus.

Thanks.

cinnamngrl

Joined: 01 Nov 2008
cinnamngrl's page
Posts: 1455

6339 Magic Points

Wed Jan 27, 2010 11:53 am

12 years is pretty long but IL or OH have a crazy long sol.
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cinnamngrl

Joined: 01 Nov 2008
cinnamngrl's page
Posts: 1455

6339 Magic Points

Subject: SOL link

Wed Jan 27, 2010 11:57 am

http://www.fair-debt-collection.com/SOL-by-State.html#36

this is the sol by state.

PLEASE REMEMBER SOL IS AN AFFIRMATIVE DEFENSE

that means that he can file the suit and you must appear in court but then you can beat it. Actually there are two states that outlaw collection activity after sol. so I would get to googling.
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