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Leaving the U.S. with Debt: Renewal of Judgement on 10 year old debt

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  1.  
    • CommentAuthorAron
    • CommentTimeSep 21st 2009 edited
     
    Hello,

    First off, Thank you for this site and forum, it's been helpful and inspiring.

    Ok, here's the situation:

    About 10 years ago, I cashed a check at my bank for $800. The writer of the check (a customer who I performed a service for) stopped payment on it later that day. The bank later notified me. I was in serious debt back then. I didn't have the money. They then sold it to collections (in the same state). I ignored it. Compared to my other debts at the time, this one was minor, or so I thought. The CA then enters judgment against me. In the coming months, they levied my other bank account. All I had was $300 but they did give me credit for it knocking it down to $500. I continued to ignore it. At that point, I was totally broke. That was 10 years ago.

    So, the other day, I receive a "renewal of judgment" in the form of a court documents. They now want a total of $3200. What the hell do I do? The notice states that if I object, I may make a motion to vacate or modify the renewal. I have 30 days to do so.
    Problem is they conveniently waited 12 days AFTER they filed it to mail it out thereby cutting down my response time. My 30 days are almost up. I have only this week left.

    So, should I request a validation letter from these people or is it beyond that point? Do I even have enough time? What happens if I do not make a motion to vacate or modify within 30 days? Do I miss out out anything?

    I really don't believe I owe this CA anything except maybe the $500 if that. How can they prove that I ever had a "contract" with the OC in the first place? I didn't. It was a single bank transaction.

    Needless to say, these people are very aggressive and won't go away even after 10 years.

    FWIW, The bank that sold the account to the CA has long since gone out of business. In fact, not long after they handed over the debt to the CA.


    Thanks for your help and advice.
    • CommentAuthorAron
    • CommentTimeSep 21st 2009 edited
     
    Just wanted to add after looking over the papers....the first judgment was for $1,960 minus the $300 credit. That leaves $1660. ALL but $91 of that is interest.

    This new renewal judgment states $1,523 is interest and $30 is fees. 1523+1869 in interest ALONE???!! I'm sorry, I realize I cashed the check but I'm sorry, these people are scumbags.

    Also, they have their attorneys name on the docs. I'm assuming their the ones that filed the judgment on the CA's behalf.

    I forgot to mention I'm unemployed as of about a year now. So the chances of them getting $3,200 cash out of me for the time being isn't going to happen.
  3.  
    Hmmm.... the best thing to do is settle with them. They can keep getting a judgment renewed. I would call and negotiate for a lump sum settlement, whatver you can afford. My best friend just settled a judgment for about 50%... so think it over. Otherwise they will continue to attack your bank account or assets and the debt will likely continue to grow.
    • CommentAuthorAron
    • CommentTimeSep 21st 2009
     
    Thanks.
    So I shouldn't bother with a validation letter then? Just settle? That's gonna be little tough since I'm penniless and unemployed.
  5.  
    too late for validation....
    • CommentAuthormicheal
    • CommentTimeNov 3rd 2009
     
    how can they renewal the judgement after the SSl is expire?
  7.  
    Once a collector gets a judgment against you, they can get it renewed.

    1. Your original debt has an SOL of its own.

    2. If a collector gets a judgment against you.. then the judgment has a SOL of its own, unrelated to the SOL on your original debt.

    3. If a collector gets a judgment against you, but the debt is past the SOL, you should appeal the judgment immediately, actually you should go to court and plead your case so the judgment never occurs. Force the collector to prove you owe the money.

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