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  1. #1
    Join Date
    Oct 2007
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    2

    Default Default Judgment After Expiration of the Statute of Limitations

    is there anything I can do? This is governed by South Carolina law. The situation is I let a car go back in December of 1995. In August of 2000 I was served with process for the defaulted promissory note (I was in Florida at the time). I did not show up, and a default judgment was entered. I thought at the time that I had no defense aside from the car being a lemon. You probably know where this is going, but the SOL had run. Is there anything I can do now about the default judgment from 7 years ago?

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
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    5,252

    Default Re: I know I screwed up but

    The SOL on a judgment in Fl. can be renewed up to a total of 20 years. (South Carolina is 10 yrs.)

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: I know I screwed up but

    Was the judgment entered in South Carolina or in Florida? Is somebody presently trying to collect the judgment, or is this inquiry simply for your edification?

  4. #4
    Join Date
    Oct 2007
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    2

    Default Re: I know I screwed up but

    By "entered" I'm assuming you mean where was it adjudicated, anyway, it was Florida. I'm not asking about the SOL as far as judgments are concerned, my question is whether I can now show that the SOL had run for the underlying obligation.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: I know I screwed up but

    After seven years?
    Quote Quoting Florida Rules of Civil Procedure, RULE 1.540. Relief from Judgment, Decrees, or Orders
    (a) Clerical Mistakes. Clerical mistakes in judgments, decrees, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time on its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal such mistakes may be so corrected before the record on appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court.

    (b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc. On motion and upon such terms as are just, the court may relieve a party or a party’s legal representative from a final judgment, decree, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial or rehearing; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) that the judgment or decree is void; or (5) that the judgment or decree has been satisfied, released, or discharged, or a prior judgment or decree upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment or decree should have prospective application. The motion shall be filed within a reasonable time, and for reasons (1), (2), and (3) not more than 1 year after the judgment, decree, order, or proceeding was entered or taken. A motion under this subdivision does not affect the finality of a judgment or decree or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, decree, order, or proceeding or to set aside a judgment or decree for fraud upon the court.

    Writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the nature of a bill of review are abolished, and the procedure for obtaining any relief from a judgment or decree shall be by motion as prescribed in these rules or by an independent action.

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

    Default Re: I know I screwed up but

    Quote Quoting partyguy708
    View Post
    By "entered" I'm assuming you mean where was it adjudicated, anyway, it was Florida. I'm not asking about the SOL as far as judgments are concerned, my question is whether I can now show that the SOL had run for the underlying obligation.
    Technically, since the judgment is for the underlying obligation, the SOL to collect on the obligation does not run out until the judgment SOL does.
    (If it wasn't for the judgment, the SOL would have elapsed on the debt.)

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: I know I screwed up but

    I believe the issue is that the statute of limitations ran before the lawsuit was filed.

  8. #8
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Default Judgment After Expiration of the Statute of Limitations

    "If" the SOL for the debt had expired before the judgment lawsuit, you needed to have showed up in court & used the SOL has expired defense. Since you didn't, they were able to get a default judgment against you. The SOL for a written contract in Fl. is 5 yrs. so I'm not even sure the SOL expired before the lawsuit from your post - wasn't quite 5 yrs. I assume the debt was incurred in Fl. where the judgment was rendered?

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