5 years after Judgement. Now what?

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Latest post 07-23-2012 7:21 PM by adjuster jack. 16 replies.
  • 07-17-2012 10:06 PM

    • dexter11
      Consumer
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    • Joined on 07-18-2012
    • KS
    • Posts 6

    5 years after Judgement. Now what?

    I have a judgement that was filed against me in the state of AZ in May of 2007. Ultimately I want to take care of this the fastest most efficient way I can. I will try to provide as much details as I can remember. 

    The debt was from a CC (I think) from when I was in college in Louisiana, probably around 2000. 
    I moved to SC in 2001-2002
    NCO portfolio purchased the debt in June, 2003. 
    I moved to AZ in November of 2003
    The Judgement was filed in AZ in May 2007. 
    I moved to NC in July 2008
    I moved to KS in 2011 where I now live.

    I recently found out about the judgement over the past few months. I have contacted [company] and they have since gotten rid of the debt to another debt collector.
    From my research the Judgement has not been renewed. In the sate of AZ the statue of limitations is 5 years. 

    What are my options as far as removing this from my credit? If that is at all possible

    Should I file to vacate the judgement? Since [a company] no longer carries this debt I don't imagine would even care. 

    If I file to vacate the judgement and win then what the heck do I do?

    I read on hear in a different thread about purging the judgement? 
    which is better try to vacate or purge. 

    Since it has been so long should I just wait it out another few years? the judgement will only stay on my credit for 7 years correct?

    I know I have allot of questions and I am just beginning my research I am not sure which way I should go or how to proceed.

    Thank you for any and all advice

  • 07-17-2012 11:42 PM In reply to

    Re: 5 years after Judgement. Now what?

    dexter11:
    From my research the Judgement has not been renewed. In the sate of AZ the statue of limitations is 5 years. 

    Correct. ARS 12-1551:

    http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/12/01551.htm&Title=12&DocType=ARS

    dexter11:
    What are my options as far as removing this from my credit? If that is at all possible

    It's not. It stays on your credit report for 7 years from the date it was filed.

    dexter11:
    Should I file to vacate the judgement?

    You would need proper grounds for that. The most usual is improper process service. You'll need a copy of the case file to read the affidavit of service. What most people don't realize is that there are instances where a person can be properly served and still not know they were served. An explanation of that won't help you until you can actually read the affidavit of service.

    dexter11:
    If I file to vacate the judgement and win then what the heck do I do?

    You run the risk that the creditor refiles. Since the judgment was well within the statute of limitations when the lawsuit was filed, you'll might be giving the creditor a second shot at you. I don't know if that would be the case but do you want to take the risk?

    dexter11:
    I read on hear in a different thread about purging the judgement? which is better try to vacate or purge. 

    I don't know what you have been reading but I'm sure there are plenty of scam artists who will tell you they, can do that, take your money, and then "Sorry, didn't work."

    dexter11:
    Since it has been so long should I just wait it out another few years?

    That would be my vote.

    What's your credit score now?

    If your credit was clean for the last 5 years your score might have shown some improvement.

    But if you continuously had late pays and delinquencies, then even if you could get the judgment removed it wouldn't help you.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 07-17-2012 11:56 PM In reply to

    Re: 5 years after Judgement. Now what?

    adjuster jack:

    dexter11:
    From my research the Judgement has not been renewed. In the sate of AZ the statue of limitations is 5 years. 

    Correct. ARS 12-1551

    One minor correction. It is not a "statute of limitation." A statute of limitation specifies how long a person has to file a lawsuit for a judgment or other relief. This statute is one that specifies the period that the judgment may be enforced by means such as attachments of proeprty or garnishment of income. If the judgment is not renewed before the 5 years is over, then after the 5 years the judgment creditor may no longer enforce the judgment.

  • 07-18-2012 12:24 AM In reply to

    • dexter11
      Consumer
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    • Joined on 07-18-2012
    • KS
    • Posts 6

    Re: 5 years after Judgement. Now what?

    My credit score now is in the mid 600 and rising slowly.  the only other debt I have is student loans which are, or have been in forebearance or in deferment and I am working with them.  

    Since [a company] was the one who originally filed the suit and they no longer carry the credit I don't imagine they will be filling to renew.  

    Can whom ever they sold the debt to renew it or refile a new lawsuit?

    I have heard that the "judgement" will stay on my credit forever or untill it is paid off or removed.  

    If I wait it out another few years will it just dissapear from my credit? Do I have to file or write the original plantiff to have them remove it.

    Would you reccomend doing that now since they no longer carry the debt. 

    I am concerned because this has been affecting my job search, I have heard that it is impossible to get any type of credit as long as there is a Judgement on my credit report, home loan, CC, car loan, etc...

    I am wondering what is the best way to take care of this.  The fastest and most efficient way to remove it from my credit.  Right now it seems like I should just wait it out another few years and keep building my credit the best I can.  

    If I do wait it out what happens then?

  • 07-18-2012 12:55 AM In reply to

    • dexter11
      Consumer
    • Not Ranked
    • Joined on 07-18-2012
    • KS
    • Posts 6

    Re: 5 years after Judgement. Now what?

    My credit score now is in the mid 600 and rising slowly.  the only other debt I have is student loans which are, or have been in forebearance or in deferment and I am working with them.  

    Since NCO was the one who originally filed the suit and they no longer carry the credit I don't imagine they will be filling to renew.  

    Can whom ever they sold the debt to renew it or refile a new lawsuit?

    I have heard that the "judgement" will stay on my credit forever or untill it is paid off or removed.  

    If I wait it out another few years will it just dissapear from my credit? Do I have to file or write to NCO (the original plantiff) to have them remove it.

    Would you reccomend doing that now since they no longer carry the debt. 

    I am concerned because this has been affecting my job search, I have heard that it is impossible to get any type of credit as long as there is a Judgement on my credit report, home loan, CC, car loan, etc...

    I am wondering what is the best way to take care of this.  The fastest and most efficient way to remove it from my credit.  Right now it seems like I should just wait it out another few years and keep building my credit the best I can.  

    If I do wait it out what happens then?

  • 07-18-2012 10:28 AM In reply to

    Re: 5 years after Judgement. Now what?

    Taxagent:

    adjuster jack:

    dexter11:
    From my research the Judgement has not been renewed. In the sate of AZ the statue of limitations is 5 years. 

    Correct. ARS 12-1551

    One minor correction. It is not a "statute of limitation."

    The title of ARS 12-1551 is: "Issuance of writ of execution; limitation; renewal; death of judgment debtor; exemptions."

    Paragraph A addresses the issuance of a writ of execution.

    Paragraph B addresses the limitation and renewal.

    Paragraph C addresses the death of a judgment debtor.

    Paragraph D addresses exemptions.

    So, you see, it is a statute and it contains a limitation. It even has the word "limitation" in the title.

    Ergo, it is a statute of limitation.

    http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/12/01551.htm&Title=12&DocType=ARS

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 07-18-2012 10:42 AM In reply to

    Re: 5 years after Judgement. Now what?

    dexter11:
    My credit score now is in the mid 600 and rising slowly.

    Then my advice is to let sleeping dogs lie.

    dexter11:
    Can whom ever they sold the debt to renew it or refile a new lawsuit?

    They can renew it because they own it. But the time has past for renewing it. An attempt would likely be unsuccessful, especially if you challenged it. And, no, they would be barred from filing a new lawsuit if you left things alone.

    dexter11:
    I have heard that the "judgement" will stay on my credit forever or untill it is paid off or removed.

    I believe that the judgment falls off after 7 years. You can google that to verify.

    dexter11:

    If I wait it out another few years will it just dissapear from my credit? Do I have to file or write to NCO (the original plantiff) to have them remove it.

    Should automatically drop off after 7 years, or at least within a few months thereafter. You don't write to the creditors. If the judgment stays on longer than it should you dispute the item with each of the 3 credit bureaus.

    dexter11:
    Would you reccomend doing that now since they no longer carry the debt.

    I recommend not doing anything and not writing to anybody. It might be like poking a hornet's nest.

    dexter11:
    I am concerned because this has been affecting my job search

    Yeah, there's that.

    dexter11:
    I have heard that it is impossible to get any type of credit as long as there is a Judgement on my credit report, home loan, CC, car loan, etc...

    Not exactly impossible, but difficult.

    Don't be in such a hurry to borrow money again. It's a dangerous trap. The first question that people ask after bankruptcy is "How soon can I get credit again?" The next question is "How soon can I file bankruptcy again?"

    dexter11:
    I am wondering what is the best way to take care of this.

    Do nothing and wait it out. It's your sentence for the default. Serve it.

    dexter11:
    The fastest and most efficient way to remove it from my credit.

    Even if you paid it, it wouldn't be removed, it would only change to satisfied, which is a more positive entry that would increase your score.

    dexter11:
     Right now it seems like I should just wait it out another few years and keep building my credit the best I can.  

    That's the best route. And the discipline you learn during that period will be a valuable asset for the rest of your life.

    dexter11:

    If I do wait it out what happens then?

    Once the judgment drops off and your score creeps up over 700 you'll be in the favored range of credit scores and what happens can be anything you want to happen.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 07-18-2012 11:20 AM In reply to

    Re: 5 years after Judgement. Now what?

    Everyone is assuming that the suit took place in AZ.  You said the debt originated when you lived in LA and the judgment was filed in AZ and you have moved twice since then.  In which state was the suit originally maintained?  Judgments from one state can be domesticated in any other state. You'd have to consult counsel but it's possible that just because the judgment can't be renewed in AZ doesn't mean it can't be enforced and collected in another state... 

  • 07-18-2012 2:59 PM In reply to

    Re: 5 years after Judgement. Now what?

    gemini47:
    Everyone is assuming that the suit took place in AZ

    Good point.

    I'm surprised that Taxagent didn't jump on that.

    Anyway, it's kind of a reasonable conclusion that the lawsuit was filed in AZ and went to judgment here in 2007.

    But if that's not the case, it opens up a potential can of worms for the OP.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 07-18-2012 3:32 PM In reply to

    Re: 5 years after Judgement. Now what?

    gemini47:

    Everyone is assuming that the suit took place in AZ.  You said the debt originated when you lived in LA and the judgment was filed in AZ and you have moved twice since then.  In which state was the suit originally maintained?  Judgments from one state can be domesticated in any other state. You'd have to consult counsel but it's possible that just because the judgment can't be renewed in AZ doesn't mean it can't be enforced and collected in another state... 

    Ok, this is a good point. I was going to second just waiting it out to see if it goes away, but this changes things. Is there any other way to determine where the suit was filed for sure?

  • 07-18-2012 3:56 PM In reply to

    • dexter11
      Consumer
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    • Joined on 07-18-2012
    • KS
    • Posts 6

    Re: 5 years after Judgement. Now what?

    The suit was filed in Maicopa county, AZ.  I have a copy of the judgement.  

  • 07-18-2012 4:01 PM In reply to

    Re: 5 years after Judgement. Now what?

    dexter11:

    The suit was filed in Maicopa county, AZ.  I have a copy of the judgement.  

    Then you are home free.

    Leave things alone and let the credit report clock run out.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 07-18-2012 4:10 PM In reply to

    • dexter11
      Consumer
    • Not Ranked
    • Joined on 07-18-2012
    • KS
    • Posts 6

    Re: 5 years after Judgement. Now what?

    Thank you everyone for your input, advice and wisdom.  I really appreciate it all.

    You said:

    "They can renew it because they own it. But the time has past for renewing it. So they can't renew it?  There is not much they can do now?

     

    An attempt would likely be unsuccessful, especially if you challenged it.  How and why would or could I challenge it?  Would it be the same reasons I would file to vacate the judgement?  Or could I simply say 5 years has lapsed, I no longer live in AZ and they have no grounds to refile

     And, no, they would be barred from filing a new lawsuit if you left things alone

    You say THEY would be barred from filling a new lawsuit.  THEY (NCO) original plantiff no longer carries the debt, so is the new owner allowed to renew or file a new suit?

    It seems that since I have ignored it and 5 years has passed they (NCO and who ever has the debt now) are out of luck?

  • 07-18-2012 4:16 PM In reply to

    • dexter11
      Consumer
    • Not Ranked
    • Joined on 07-18-2012
    • KS
    • Posts 6

    Re: 5 years after Judgement. Now what?

    one more question

    when and if I decide to consult an attorney should I speek with one in AZ or KS or both?

  • 07-18-2012 4:27 PM In reply to

    Re: 5 years after Judgement. Now what?

    dexter11:

    "They can renew it because they own it. But the time has past for renewing it. So they can't renew it?  There is not much they can do now?

    Two concepts in there.

    1 - Anybody who buys and owns a judgment can renew by following the proper process.

    2 - Since the time for renewing has expired, it cannot be renewed, so it can no longer be enforced.

    dexter11:

    An attempt would likely be unsuccessful, especially if you challenged it.  How and why would or could I challenge it?  Would it be the same reasons I would file to vacate the judgement?  Or could I simply say 5 years has lapsed, I no longer live in AZ and they have no grounds to refile

    Where you live has nothing to do with it.

    And you probably wouldn't know (unless you monitored the docket once a week) that anything is happening with the judgment until you were served with papers and then you would petition the court to void the renewal on the grounds that the renewal did not follow the statutory requirements of 12-1611 or 12-1612:

    http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/12/01611.htm&Title=12&DocType=ARS

    http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/12/01612.htm&Title=12&DocType=ARS

    dexter11:

    You say THEY would be barred from filling a new lawsuit.  THEY (NCO) original plantiff no longer carries the debt, so is the new owner allowed to renew or file a new suit?

    NCO has nothing to do with it anymore.

    If the new owner of the judgment tries to file a new lawsuit you would file an answer and request dismissal on the grounds of "res judicata" meaning that the matter was already judged. Means you can't be sued twice for the same thing if the original lawsuit went to completion.

    dexter11:

    It seems that since I have ignored it and 5 years has passed they (NCO and who ever has the debt now) are out of luck?

    Yes, that's right. They are SOL because of the SOL (so to speak).

    :-)

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
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