I have some old debts that are SOL and actually close to being the 7 year mark for it to come off of my report. I've been holding my membership with free credit report dot com to monitor in case these creditors sue me. The reason being I no longer live in the original state where the debt took place and I never left them with a forwarding address.
Here's the thing, all 3 of my credit reports show my current and accurate address, so I assume if they were to serve me properly, they should be able to find where I live. I don't want to get a summary judgment simply because I was improperly served. I want to be properly served so that I can go to court and prove my debts are SOL.
I thought if I monitor then, then I could challenge the summary judgment sooner than later?
So do you think I need to keep my credit monitoring service or should I cancel it since potentially creditors should be able to find me in my new state? Thanks!
credit monitoring service
Hi NewBeginning,
Welcome to this community :)
Whether you will keep the credit monitoring service, depends on you. The creditors are supposed to provide you with notice of any judgments. Another thing is can you tell as to what do you mean by
I have some old debts that are SOL
I am a bit confused about this. Do you mean that the Statute of Limitations on these debts has expired?
Thanks,
Aaron
Hi Aaron
Thank you for answering my question.
Yes I mean that these debts are past the statute of limitations, and have been for 2 years now. I have been paying for a credit monitoring service right now, mostly because I no longer live in the original state where the debt occurred, and I didn't want that to be the reason creditors can improperly serve me.
But every month of paying for a credit monitoring service adds up and I don't know if I will need to be doing this for the rest of my life?
I know I can get my annual reports for free, but I'm afraid of finding a summary judgment on it and by the time I find out it'll be too late to respond or try to get it vacated?
I am trying to rebuild my credit and eventually buy a home, so not getting a summary judgment is very important to me.
Thank you again for helping me!
reply
Hi NewBeginning,
If you have provided your creditors with your new address, then they are supposed to send you notice, and any other paperworks at your new address. Now, if they fail to do so, then it is their mistake, and you will not be held responsible for that mistake. If they improperly serve you, that is if they do not send the judgment notice at your new address then you have the right to file a motion to vacate this judgment.
As for
I know I can get my annual reports for free, but I'm afraid of finding a summary judgment on it and by the time I find out it'll be too late to respond or try to get it vacated?
You need not worry, because you have 180 days time to file the motion to vacate from the date of discovery of the judgment. If you were not properly served, you are not supposed to know about a judgment from the beginning. Only if you knew about the judgment from the beginning you need to file the motion to vacate judgment within 30 days.
Hope this helps.
Regards,
Aaron