Being that I am new here, thanks in advance for any useful advice given
My wife stopped paying a creditcard company on a $15,000 balance over a dispute regarding several thousand dollars in charges.
The company "charged off" this account. A 3rd party purchased the account, and sued us for the balance in December of 2002/January 2003. We were not served (or were improperly served, I guess) , and had not been living at the location where they claimed to have served us for several months. We have utility bills and other documentation atesting to this. (We know that the property had been rented to another individual, with whom we are not aquainted) In short, the process server committed perjury. As such, we were unaware of the suit or default judgment.
We were just recently made aware of the suit/judgement, when it appeared on my wife's credit statement.
Given that process was not served - or not served correctly - we intend to file to have the default judgment vacated. (My understanding is that we have up to 180 days from the time we became aware of the judgment to do so.)
We stopped payments in 2002, the statute of limitations would have ordinarily passed by now, regarding the ability of the company to sue for this debt.
HERE's the rub: Does having the judgment vacated in any way "reset" the statute of limitations? It seems as though it shouldn't, as this could give the creditor an almost unlimited extension of the SOL, but I'm hoping that someone knows for sure or can offer good advice.
Again, as this is my first post in this forum, I doubly appreciate any thougtful replies or advice.