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  1. #1

    Default Vacated Judgment Can Debt Collector Still Sue

    My question involves collection proceedings in the State of: NY

    In January of '08 a default judgment was made against me; my bank account was frozen. Shortly thereafter, I filed a motion to show cause (I was improperly served...letter sent to wrong address), and the original judgment was ultimately vacated. It is now Aug '09 and I am being contacted by a different third party agency. I do not agree to any amount owed to the original creditor, but finding proof to support that would be very difficult. The original creditor was Credit Card Company, the account has been charged-off, sold, and the account was last reported delinquent in 2002. Can this new agency take any legal action against me?
    FYI- The new collection agency said they sent a validation letter on June 30th of this year to the WRONG address again! When I was contacted by the rep last week I asked that he send me something in writing. It was not the validation of debt, but it did have pertinent information; original account number, their account number, the old index number for the vacated judgment case. (he also mentioned that there was a judgment against me when I spoke to him, I told him it was vacated and he asked that I send proof. That request was made yesterday and I haven't done so yet because I'm unsure if it's prudent to do so).

  2. #2

    Default Re: Vacated Judgment Can Debt Collector Still Sue

    the account was last reported delinquent in 2002. Can this new agency take any legal action against me?
    First you need to check the statute of limitations on open accounts in your state. In many states it is less than 7 years.

    If the debt is not within SOL then it is a violation of the FDCPA for the collection agency to file a lawsuit concerning that debt. And, from my experience, once a CA knows that a debt is outside of SOL, and that the debtor knows the debt is outside of SOL, it probably won't file - especially against someone who has already had the same debt vacated.

    If the SOL is less than 7 years then here is what I would do...I would send a cease communications letter, Certified Mail Return Receipt Requested, to the CA, telling it that the debt is out of SOL and that you are requesting that it cease communications with you by any means concerning the debt.

    This CA can not, and probably will not, communicate with you again except for a few specified reasons.

  3. #3
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    Default Re: Vacated Judgment Can Debt Collector Still Sue

    That statute of limitations is what you have to look at. It is likely NOT 7 years. That is how long it takes to get off your credit report. Contracts generally have a 5 year statute of limitations. Unwritten contracts, usually less, like 3 years.

    The vacated judgment might make the debt collection think twice, but it really has no significance. It was NOT vacated on the merits. It was not a judgment on the merits of the case so it means nothing. A less than sophisticated bill collector probably will not know that. Bill collectors down the food chain usually are not every good or aggressive in any legal way.

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