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Investment Retrievers back for old debt

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Got a new hard inquiry on my Experian well after SOL for old debt from 2004. Called

Investment Retrievers and they said they have a judgement on me from 2004 for Chase

and will be renewing it. How can I get this jerks to F off?? Can they keep adding negative

entries on my credit file after federal SOL?

 

 

 

 

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If they have a judgment no.. Have you checked your courts records to see if they ever got a default judgement where you useto live? They would have to renew it (I think) to where you live currently... so watch the courts. Judgments can be renewed for unlimited time until the judgement is paid. However on the postive side, it usually isn't reported because it's beyond the reporting period.

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Well if they can't report it anymore that's good to know. They seem to be able to do hard inquiries anytime though which

is very damaging in itself. I am concerned about garnishing though as well. I found 3 judgments from around 2004 in

the county I used to live in. Nothing here locally yet though. I am sending a validation letter to IR for starters and keep

monitoring my local courts.

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Actually if the renew the judgment it resets the clock on reporting to the date of renewal. That is why renewing is a major problem. They do NOT have to domesticate it in your state to renew it. They only need to do that if they want to collect on it in the state you currently live in. To renew the judgment they simply go to the county court where the judgment was obtained and follow court procedure to renew it.

 

Once renewed they can then domesticate it in your state if current state law allows it and then start collection proceedings.

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Actually if the renew the judgment it resets the clock on reporting to the date of renewal. That is why renewing is a major problem. They do NOT have to domesticate it in your state to renew it. They only need to do that if they want to collect on it in the state you currently live in. To renew the judgment they simply go to the county court where the judgment was obtained and follow court procedure to renew it.

 

Once renewed they can then domesticate it in your state if current state law allows it and then start collection proceedings.

Actually I've never seen any renewal of a judgment restart the clock on reporting. Collecting yes.. reporting no.

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Actually if the renew the judgment it resets the clock on reporting to the date of renewal. That is why renewing is a major problem. They do NOT have to domesticate it in your state to renew it. They only need to do that if they want to collect on it in the state you currently live in. To renew the judgment they simply go to the county court where the judgment was obtained and follow court procedure to renew it.

 

Once renewed they can then domesticate it in your state if current state law allows it and then start collection proceedings.

Actually I've never seen any renewal of a judgment restart the clock on reporting. Collecting yes.. reporting no.

 

 

Credit reporting statute of limitations for bad credit

 

(5) suits and judgments are seven years from the date of entry or until the governing statute of limitations has expired, whichever is longer

 

They have to update the TL with the CRA. The reason it doesn't happen too often is because many JDB and CAs do not have the time to renew them. Doesn't mean it can't happen though and I had a friend that it did. She finally had to settle it to get a mortgage.

 

While they typically do end up dropping off after seven years, consumers should not count on that because if the SOL is a long one like Ohio with 21 years, it can reappear and it is legal.

Edited by Clydesmom

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Sent DV and they responded with copies of all my old statements, original application, etc. I also got a copy of my judgement from 2004 too but I was never served on

that and never even knew about the case. Should I just give Investment Retrievers the usual Cease and Desist then wait and see what happens? Even if they don't

try drastic measures I need to find a way to stop them from pulling hards all the time. Any ideas what I should do next if anything?

 

Thanks

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Sent DV and they responded with copies of all my old statements, original application, etc. I also got a copy of my judgement from 2004 too but I was never served on

that and never even knew about the case. Should I just give Investment Retrievers the usual Cease and Desist then wait and see what happens? Even if they don't

try drastic measures I need to find a way to stop them from pulling hards all the time. Any ideas what I should do next if anything?

 

Thanks

 

As long as they have a valid judgment that is active they have a permissible purpose to pull your credit and you cannot stop them. A cease and desist isn't going to make it go away either. That only works on debt you were not sued for and is beyond the SOL. They already sued you and won.

 

Your best bet at this point is to file to have the judgment set aside for improper service. If you can get it set aside they might not be able to refile the case due to the SOL being expired. Absent getting that judgment vacated they can collect on it which includes reporting to CRAs and hard pulls.

Edited by Clydesmom

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Sent DV and they responded with copies of all my old statements, original application, etc. I also got a copy of my judgement from 2004 too but I was never served on

that and never even knew about the case. Should I just give Investment Retrievers the usual Cease and Desist then wait and see what happens? Even if they don't

try drastic measures I need to find a way to stop them from pulling hards all the time. Any ideas what I should do next if anything?

 

Thanks

 

As long as they have a valid judgment that is active they have a permissible purpose to pull your credit and you cannot stop them. A cease and desist isn't going to make it go away either. That only works on debt you were not sued for and is beyond the SOL. They already sued you and won.

 

Your best bet at this point is to file to have the judgment set aside for improper service. If you can get it set aside they might not be able to refile the case due to the SOL being expired. Absent getting that judgment vacated they can collect on it which includes reporting to CRAs and hard pulls.

I believe that once they file it Stays the Sol.. at least that's what every lawyer I've ever talked to has said. Chances are slim that they'll be able to get it dismissed on grounds of improper service at this point.

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I think its too late to dismiss also from what I read online. It sucks because I really was unaware of the lawsuit until now. There

is not much they can do anyways. I don't hold any real estate in my name or other significant assets. My truck is financed to

the max as well. If they try to garnish I will try to get an exemption approved. If that fails, bankruptcy as a final option.

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Just got a subpoena from IR's sleazy lawyer to relinquish my truck loan financing info. I think they are just trying to find out where I work so they can garnish my checks.

I would like to avoid Chapter 7 since I have great credit now and this is an isolated attack. I am gearing up for the financial review to combat the coming garnish order.

Any other tips from those who went down this road? I am in California.

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If they have a judgment they can subpoena your records and even force you to appear to answer questions like what bank accounts you have, where you work, and so forth. Bk would take care of it. Depending on your situation it might actually help to be cooperative since all of this is just costing them money and if you are effectively judgment proof they might decide to just hold off. The risk is that if you do accumulate assets or get a good job/income they can show up later so bk could well be the right choice in any case. You need to go through the numbers to see if it makes sense. Good luck, I wish you well.

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I don't work at the job listed on my truck loan anymore so I am hoping they waste money for a garnishment on a job I don't have.

They will get my truck records next month so after that we will see what happens next. I am keeping next to nothing in all of my

bank accounts in case a bank freeze is on the way as well.

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what state was the judgment granted in,

 

and what state do you live in now.?

 

some state judgments are only good for 5 years, and if they wish to renew it, they have to file and notice you.

 

some states have SOL of Foreign judgments;

 

12-544. Bond to convey realty; partnership account; account between merchants; judgment or instrument given or made without the state; four year limitation

 

There shall be commenced and prosecuted within four years after the cause of action accrues, and not afterward, the following actions:

 

1. For the penalty or for damages on the penal clause of a bond to convey real property.

 

2. By one partner against his copartner for a settlement of the partnership account, or upon mutual and current accounts concerning the trade of merchandise between merchant and merchant, their factors or agents, and the cause of action shall be considered as having accrued upon a cessation of the dealings in which they were interested together.

 

3. Upon a judgment or decree of a court rendered without the state, or upon an instrument in writing executed without the state. This paragraph does not apply to a judgment for support, as defined in section 25-500, and to associated costs and attorney fees.

 

4. An action arising under the provisions of title 47, chapter 2, for breach of any contract of sale, which action shall be governed by section 47-2725, notwithstanding any other provision of this section or of section 12-543 or 12-548

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OP's now in Calif. Judgments in CA are for 10 years with one 10 year extension or at least is was that last time I had to look into it.

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OP's now in Calif. Judgments in CA are for 10 years with one 10 year extension or at least is was that last time I had to look into it.

but was the judgment issued in CA?

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Yes, the judgment was in California in a city I used to live in years ago about 5 miles drive from my current residence. They just renewed

the judgement for another 10 years followed by the truck loan records subpoena. So this is the last 10 years or can they renew again

and again?

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Yes, the judgment was in California in a city I used to live in years ago about 5 miles drive from my current residence. They just renewed

the judgement for another 10 years followed by the truck loan records subpoena. So this is the last 10 years or can they renew again

and again?

One renewal only.

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Yes, the judgment was in California in a city I used to live in years ago about 5 miles drive from my current residence. They just renewed

the judgement for another 10 years followed by the truck loan records subpoena. So this is the last 10 years or can they renew again

and again?

One renewal only.

 

 

 

That's good news. I just have to stay judgment proof for 10 more years. Found another good tactic for the garnishment issue: increase the amount of deductions

withheld for taxes and that income is immune from garnishment. I will update my W4 to withhold a couple hundred extra a week. :grin:

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Posted from a California based lawyer:

 

 

Like collection agencies, private creditors (credit card companies, hospitals, etc) are not legally permitted to garnish your tax refund. Once your tax refund hits your bank account, however, the money is fair game for a bank account levy.

Bank account levies aren’t permitted in every state, but if your state allows the practice, a private creditor can sue you, obtain a judgment against you, and use its judgment to seize your tax refund from your checking or savings account after you deposit it.

The Fair Debt Collection Practices Act states that its illegal for a debt collector to threaten any action to which it is not legally entitled – this includes threatening to intercept or garnish your tax refund. If you can prove that a collection agency threatening to take your tax refund, you have the right to sue them.

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