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  1. #1
    Join Date
    Aug 2010
    Posts
    2

    Default I Was Sued in the Wrong County

    State of residency: VA

    After checking various court websites, I learned that I have been sued by a creditor and the judgement was awarded back in 2007. I had no idea that I was being sued and had no idea they won the case. The creditor sued me in my state but not my county of residence. Isn't this required under the Fair Debt Collections Practices Act?

    Also, I have also learned that a foriegn judgement was entered in Florida more recently and the amount is twice as much as the original judgement awarded in Virginia.

    I would like the judgements overturned. Do I have grounds?

    The last payment was made to this creditor back in Jan2003. Has the statute of limitations expired in VA and/or FL?

    Finally, if I end up paying this judgement what legal recourse do I have if any to recover the funds from my ex-spouse as she has agreed to assume this debt in the divorce decree?

    Thank you for your help in advance.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: I Was Sued in the Wrong County

    Why did they sue in the wrong county? Where, when and how do they claim to have served you (if you don't know, review the court file and find out)?

    They have a judgment. The limitations period for the underlying debt limits when they file their lawsuit, not when they can collect their judgment.

    You can attempt to enforce your divorce judgment through the divorce court.

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