17 year old debt comes haunting

[ajujot]

Long story short! I got a call from a debt collector saying that I owe $4K for a default back in 2006 due to bad decisions I made. 

 

Caught me off guard, last month i got a call from a debt collector enquiring about the debt I owe. I inadvertently told me that i had an identity theft and resolved it with bank , but got to know I was wrong (I had a similar named credit card from a credit union and had a identity theft a few year ago and i thought the call was from them trying to resolve.) 

 

The lady said they have a judgement against me in PA and when i searched the courts public record, indeed there is an open judgement since 2007.  Now they care calling me relentlessly. 

 

Any suggestions for me?

[legaleagle2012]

Pennsylvania judgments are valid for 5 years. Judgments can be revived every 5 years and should be revived if a creditor is attempting to actively collect on the debt. Judgments also act as a lien against real property for up to 20 years or longer if properly revived.

 

Is that where you live? Get the file from the court and see if it was renewed.

[ajujot]

Hi: Fortunately, i am in California 

[hegemony]

did you ever live in PA?

[ajujot]

Hi, yes i stayed in PA from 2003 to 2009. 

[CreditSucksNot]

The statute of limitations for the state the court that issued the judgment is in applies.  If it was in PA then that is the statute on judgments that applies.  In order to collect in California they would have to domesticate the judgment there.  You need a consumer lawyer.  Were you ever served for this lawsuit?  If not, there is a small possibility you could have it vacated for improper service.  If you did know about the suit and simply ignored it then you have a different set of issues on your hands.  You would need to find out the California laws regarding judgments, interest, domesticating it and how long they can collect.  This isn't just going to go away.

Edited March 31, 2023 by CreditSucksNot

[NoMoreHate]

15 hours ago, CreditSucksNot said:

The statute of limitations for the state the court that issued the judgment is in applies.  If it was in PA then that is the statute on judgments that applies.  In order to collect in California they would have to domesticate the judgment there.  You need a consumer lawyer.  Were you ever served for this lawsuit?  If not, there is a small possibility you could have it vacated for improper service.  If you did know about the suit and simply ignored it then you have a different set of issues on your hands.  You would need to find out the California laws regarding judgments, interest, domesticating it and how long they can collect.  This isn't just going to go away.

I am not an attorney but Judgements in California are 10 years and can be renewed for an additional 10. If they did not  domesticate the judgement from PA within the initial 10 year period then I believe they are SOL. California also has some very interesting (consumer friendly) disclosure and collection laws. As others stated, you should talk to a consumer attorney quickly. They may have already violated California law and you might be able to sue them. In most collection cases all attorney fees are the responsibility of the debt collector or creditor.

[CreditSucksNot]

5 hours ago, NoMoreHate said:

I am not an attorney but Judgements in California are 10 years and can be renewed for an additional 10. If they did not  domesticate the judgement from PA within the initial 10 year period then I believe they are SOL.

 

A quick search reveals that the judgment only need be active in the state that issued it when it is domesticated in California.  Once domesticated then the 10 year clock starts running and it can be renwed before the 10 year clock expires.  Given that two jurisdictions are involved my suggestion of hiring a lawyer still stands.  This will not just go away.

[dysonrichard801]

It sounds like there was some confusion around your identity and the debt collector may have thought you were someone else, but now they have confirmed that they have a judgment against you. It's important to take this seriously and not ignore it, as the debt collector can take legal action against you to collect the debt.

One option is to try to negotiate with the debt collector to see if you can come to a payment plan or settlement that works for you. It's important to make sure you understand the terms of any agreement before agreeing to anything, and to get everything in writing.

You may also want to consider speaking with a consumer rights attorney or a credit counselor to get some advice on how to handle the situation. They may be able to help you navigate the process and understand your rights as a consumer.

[hdporter]

12 minutes ago, dysonrichard801 said:

One option is to try to negotiate with the debt collector to see if you can come to a payment plan or settlement that works for you. It's important to make sure you understand the terms of any agreement before agreeing to anything, and to get everything in writing.

 

No, the only initial action to be taken is to confirm that this is a legitimate and collectible debt.  You don't contact the debt collector unless this is established.  Ditto on earlier advice to consult a consumer lawyer asap.