Judgement - 11 Year Old Debt

What is the name of your state? S.C.

I have past debts from 1992 (mixture of contract and opened ended accounts) with a local credit union. Back in March of 1993, a judgment was placed against me for these debts. Supposedly, the judgment has now expired (10 years). Now, out of the blue this company calls me and tells me that if I don't make arrangements to pay, they will file a lawsuit against me.

I told the person that I believe that the SOL (3-years?) has run out. And, beside the fact, they already had obtained a judgment against me back then. I, believe that this judgment which has now expired, is not renewable. I was told that there was no SOL preventing them for filing a lawsuit to collect the debt and that judgments are renewable. Does anyone know if judgments are renewable in S.C. and definitively what the SOL is for filing legal claims on open ended and written contract financial agreements.

The person that I spoke with was very polite, but I believe they were trying to use this as a form of intimidation. I also believe that they are in violation of the FDCPA for false misrepresentation of the laws in my state. Certainly, a person who collects debts here should be aware of the statutes. I don't intend to pursue legal action against them for it, but I make take the opportunity to remind them of this in a cease and desist letter that I am planning on sending them.

Any info would be greatly appreciated.

[Ladynred]

The SOL of 3 years is correct for SC for open and written contracts.

The judgment probably has expired, but you need to check the dates. If it was entered before May 1993, then it HAS expired and it has to be renewed BEFORE the expiration. Once its dead.. it STAYS dead !!

The collector that told you there is no SOL for legal action is full of baloney.. that is EXACTLY what the SOL is for and it has run out. IF they're dumb enough to sue you, you have a absolute defense to get it thrown out. Send your cease and desist letter and make sure you say that its time-barred. Here's a really good expired SOL letter to use. The statute you need for the letter is on that same site:

[url]http://community-2.webtv.net/Y-Chat/WhyChatsCredit/page3.html[/url]


I'd check the date of the judgment to be 100% certain it has exprired. I'll check the statutes to see if its even renewable.

[JETX]

A judgment in South Carolina is valid for 10 years.

Based on the writers post, the judgment is either right at, or very close to, its expiration. We simply can't tell without knowing the EXACT dates and circumstances.

And though a cursory review of SC Code doesn't show it, but it may also be possible to renew a judgment.

Simply, we can't tell from the information provided whether this judgment is valid or not.

[Ladynred]

Thanks Jetx.. ya beat me to those statutes
With any luck, once she finds the exact date of the judgment, it will have expired or close enough that she can hold them off until it does.

The judgment was added in March of 1993. Therefore, I feel that it has now expired. I read somewhere that judgments are not renewable in S.C. However, the web site that I found relating to that did not specifically quote state law. It was just generally worded.

If anyone can find the specific statutes on this, I would appreciate it.

Simple logic alone would dictate that if they were awarded a judgment and took no collection action until now, that they either lost the records or mixed something up internally. It would probably be a safe bet to watch it expire on its own. There's nothing you can really DO about it other than that.
Just my $.02