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  1. #1

    Default What is the Statute of Limitations on Collections After a Default Judgment is Vacated

    My question involves collection proceedings in the State of: California

    I had (have) an outstanding debt with a consumer credit card. The original amount was around $2300. I missed payments and requested a "Settle for Less" agreement from the creditor. After agreeing to $1100 I set up an initial payment of $100. (Feb '11). After first payment went through I began receiving calls from portfolio recovery companies claiming they had purchased my remaining debt and now owe them.

    I cancelled all future installments with original agreement and just ignored everything. I never received my "Settle for Less" agreement in writing.

    Fast forward to 2016 and I find out my wages are being garnished from a default judgement entered against me for $4200 (said Credit card + interest and attorney's fees). Got a copy of the case minutes and found I was improperly served (see: "wasn't")

    Got the default judgement vacated today, but now do statute of limitations to the original debt apply? (last item on record was Feb '11, suit was filed against me within SoL in Nov '14)

    Is the clock reset? Does the bench have discretion to allow them to come after me again given the original suit was filed improperly?

    To play Devils advocate for a second, the original Proof of service of summons was served to a "John Doe" living at my former residence. That former residence being my Father's, who does not live there either. So it was one of many possible tenants that received the summons and failed to notify either of us (if it happened at all)

    Plot twist: My Father and I share a name (I and II respectively)

    Anyone got any relevant case law on this?

    Full disclosure. I'm not a Lawyer. I barely got my diploma. But I am relatively smart and decided (until I see it pertinent otherwise) to go at this Pro Per


    Thanks for your help

  2. #2
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    Default Re: What is the Statute of Limitations on Collections After a Default Judgment is Vac

    Normally, all that setting aside a default will do is restore the case to the docket so that you can appear and defend. The original filing date still applies so if the case was timely filed the statute of limitations is irrelevant.

  3. #3
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    Default Re: What is the Statute of Limitations on Collections After a Default Judgment is Vac

    Quote Quoting RaisingTheBar
    View Post

    Plot twist: My Father and I share a name (I and II respectively)
    I can't count how many times I have read of financial debacles that occur because of that archaic and ridiculous custom of fathers and sons with the same name.

    I hope you haven't saddled your son with III, heaven help him.

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