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  1. #1
    Join Date
    Oct 2011
    Posts
    19

    Default Statute of Limitations for a Debt or Judgment

    My question involves collection proceedings in the State of: CA

    Hello and thanks in advance.

    My sister is starting to get calls from a debt collector that is trying to collect a debt from 2005. I believe it is a loan that they are saying she owes for $3,000.00. The debt collector is supposedly a law firm and is saying that they got a judgement against her and they are going to garnish her wages however, my sister has never been served nor did she go to court. She has lived at the same place since 2005 I believe and has never moved out of state. Is this possible? The debt is listed on her credit report so I assume it is valid but wouldn't the statute of limitations to collect have run out? My sister is looking into buying a house which is how she found out about this being on her credit report. Also, since it has been 7 years can she request that this debt be taken off her credit report?

    Thank you for your help.

  2. #2
    Join Date
    Jan 2006
    Posts
    27,914

    Default Re: Statute of Limitations for a Debt or Judgment

    Look for the judgment on her credit report or ask the creditor the date and the court where the judgment was granted. Once she finds that, she can review the file to determine if service was proper. If it was and she failed to respond properly, she is pretty much stuck.

    as to the reporting time: last I checked, 7 + 2005 is 2012. That would mean if the report is based solely on the debt and not the judgment, the reporting period may not have expired yet. When was the first delinquency as listed in the CR?

  3. #3
    Join Date
    Oct 2011
    Posts
    19

    Default Re: Statute of Limitations for a Debt or Judgment

    Quote Quoting jk
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    Look for the judgment on her credit report or ask the creditor the date and the court where the judgment was granted. Once she finds that, she can review the file to determine if service was proper. If it was and she failed to respond properly, she is pretty much stuck.

    as to the reporting time: last I checked, 7 + 2005 is 2012. That would mean if the report is based solely on the debt and not the judgment, the reporting period may not have expired yet. When was the first delinquency as listed in the CR?

    It turns out that they did end up getting a default judgement against her. She was able to find the record with the court. She does not remember being served at all, and the judgement is from May 2011. That seems fishy to me because wouldn't the statute of limitations have already expired? From what I read it's 4 years in CA and this judgement is 6 years later. She has lived and worked at the same place since before 2005 so they would have known where to find her to be served. How can she fight this? Does she request the records from the court? This is not a law firm after all, it's just a debt collector.

    About the credit report, the first delinquincy was 2005 I believe so it would have been sometime this year she could have requested it off her credit report. I'm not sure now since there is a judgement.

    Thanks for your help!

  4. #4
    Join Date
    Jan 2006
    Posts
    27,914

    Default Re: Statute of Limitations for a Debt or Judgment

    if you do not file a defense of the statute of limitations having expired, it is not automatically applied by the courts. If it truly was beyond the SOL, all she had to do is respond with that as a defense. Oops.


    Does she request the records from the court?
    yes. Then she needs to look to see how service was perfected. If it was not valid, she can file to vacate the judgment due to defective service. If service was proper, there is little she can do about it.

    This is not a law firm after all, it's just a debt collector.
    they are a judgment creditor, not a run of the mill debt collector. They hold a piece of paper the courts issued that says, yes, she owes us $XXXX.


    The judgment can be reported on the credit report as long as it is active. I believe the SOL for judgments is 10 years and it is renewable. That means, they have at least until 2021 to collect on the judgment and have it be reported on her credit report.

  5. #5
    Join Date
    Oct 2011
    Posts
    19

    Default Re: Statute of Limitations for a Debt or Judgment

    I understand everything you are saying. I guess her first step should be finding out if they properly served her, and if they did then I guess she's out of luck. Thanks again!

  6. #6
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Statute of Limitations for a Debt or Judgment

    Agree, that is something that she needs to find out.

    jk is correct that the SOL on collecting a judgment in Ca. is 10 yrs. & renewal for another 10 yrs.
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