Question about SOL and having a judgement against you with a crediting company?
Last payment I made on a CC was in May of 06 (went through a divorce, got stuck with all the credit cards) last year the collection company who bought the debt sued me and got a judgment against me. I am in Ohio, and the Statute of limitations is 6 years for cc debts, so that would put it at May of '12. Since they sued me before it became time-barred, what happens now? In May of '12 does the SOL take hold making it unobtainable and not allowing them to take any further action against me? Or would there be a new SOL for the collection company when they purchased the debt? Just curious as to what can or will happen at this point. I haven't had any liens or wage garnishment as of yet. Just wondering if in May of next year I can stop worrying about this thing.
- Genuine GuidanceLv 79 years agoFavorite Answer
No, 2012 is not when you would stop worrying about this debt. They sued you and obtained a judgment meaning that judgment is good for 7 to 10 years. (you would need to look that up) When the judgment runs out, they can renew it for another 7 to 10 years. So, basically, this is going to follow you around and you are going to be waiting for the other shoe to drop (wage garnishment/bank levy) for quite a few years.
I would find a way to pay them if you can before they find you and one day your check is short or bank account cleaned out.Source(s): Garys answer is completely irrelevant to your situation. You have already been sued, so, your time to have them validate the debt is over. The time to have validated things or defended yourself was when they sued you. Your mistake was not showing up for court. Sending them a cease and desist (for what? LOL) would certainly get them annoyed enough to either drag you back to court to prove assets/income and make you start paying, or for them to start garnishing or levying your bank account. LOL Yeah, send them a snotty letter, that's a great idea! LOL
- CatDadLv 79 years ago
The SOL only refers to how long creditors have to successfully sue you. Once they have a judgement the SOL is really not relevant anymore. Judgements can be renewed and creditors can come after you for a long time and try to garnish your wages if they choose.
For whatever reason they have decided for now that it's not worthwhile to come after your wages.
If you have the money it would be in your interest to settle this issue directly.
- GaryLv 79 years ago
Go to Help@AttorneysForConsumers.com it's a pdf check page 8-9 explains your rights. You have to send a cease and desist letter to credit collector and to send you a copy of original debt. They have to reply within 30 days with whom you owe, if they don't or send you wrong info. then you're out of the woods. If i remember right the attorney help will e-mail you a form.Source(s): Been there too.