**Disclaimer – Debtprison.net does not administer legal or financial advice. The contents of this website are my opinions on collection agencies and how to deal with them. Nothing on this website should be interpreted as legal advice or council. No opinions on this website should be used to replace the advice of your financial advisor or your legal council.
I recently received the following question from a reader in response to a collection agency reviving a dormant judgment.
Hey Barry,
I just received a motion from a collection agency to revive a dormant judgment. They are seeking $7,000 and 10% interest. I have never even heard of the agency. They sent the court documents to the wrong address and used my maiden name. The court hearing is Nov. 21th. What advice do you have?
Jane
Hey Jane,
Sorry to hear about this. It sounds like you are saying you had a debt many years ago that went to court. The court ruled in favor of your creditor and gave a judgment declaring that you owe the money and need to pay it. Maybe you didn’t pay it, some time has elapsed, and now a new collection agency is trying to collect on the judgment. Am I right so far?
I don’t know if a judgment expires. And I don’t know if the statute of limitations applies or not in this case (because of the judgment). Either way I would first try and call the courthouse and talk with a clerk or judge. You want to appear extremely cooperative and sorry that you haven’t satisfied the judgment. Also, you could ask the court if a payment plan can be worked out between you and the collection agency.
Also, this collection agency probably owns the legal rights to the debt… However, you need to make sure that the collection agency is legit and that you actually have to pay THEM. For example, was $7,000 the amount of the old judgment… or is this the first time you’ve heard of the $7,000?
I would go to court and defend myself against the collection agency either way. I would explain that you haven’t satisfied this old judgment because of certain reasons .. x,y, and z. And I would explain to the judge that you have the $7,000 to satisfy this debt right now or you don’t. If you don’t then you need to ask nicely about a payment plan or something along those lines that can fit into your monthly budget.
But mainly, be nice and cooperative. Courts don’t look kindly on people who ignore judgments. Keep that in mind as you handle this matter.
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