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  #1  
Old 10-14-2003, 05:40 PM
kessiah
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Question

Judgement filed after SOL expired


What is the name of your state? WA

I just found out that there was a judgement filed against me in 05/2003.

The judgement I believe is for a debt that I only found out about in 07/2003 from my credit report.

The date of last activity on this debt was 9/1999. The SOL in WA expires after 3yrs.

Can they still put a judgement on me after the three years?

Thank you in advance for any advice.
  #2  
Old 10-14-2003, 05:49 PM
LawDawg03
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The judgment is likely the end result of a collection action against you. The SOL only deals with when the action has to be filed originally with the court. The judgment can be filed after the running of the SOL. They probably were within the SOL.

But you should have gotten notice about the action and the collection process. Unless you moved alot or it's an error on your report...
  #3  
Old 10-14-2003, 06:00 PM
kessiah
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Ok Thank You.
No I havent moved alot or anything. I have been in same home for 4 yrs.
But I never recieved anything at all about this debt. It was (I find out a month ago) from when I had my son. The medical insurance at that time was pre approved months in advance for all services I inccurred.

I never recieved anything saying that I owed this at all. The CA says, also that even if the insurance was supposed to pay, that becuase of the length of time that has gone by with out me disputing the debt (only because I had no clue I supposedly owed it) that I was definitely liable for it. Is that true?
  #4  
Old 10-14-2003, 06:05 PM
LawDawg03
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When you say judgment do you mean a final judgment by a court stating you this amount?


If you recieved no notice at all about all of this then I would definitely tell the CA that. You are supposed to receive collection notices and you are definitely supposed to recive notice that you are being sued. You are supposed to be served with a complaint.

You probably need to talk to an attorney and tell him everything in detail.
  #5  
Old 10-14-2003, 06:11 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Do not EVER believe anything a collection agency rat tells you, they LIE, LIE, LIE !!!

If you were never served a summons on the lawsuit, what you need to do ASAP is go down to the courthouse and get a copy of the case file. In there will be complete details of the judgment along with a Proof of Service. If you were not served properly, you may be able to get the judgment vacated based on improper service. If service was proper, then you still have time to appeal the judgment, but there is usually a time limit for appeals, so you must act now.

If the last time you paid anything on this, if at all, was in 1999, then the SOL is close to running, if it has not already passed. The key is WHEN it went delinquent and WHEN they filed the lawsuit. SOL for medical services, per the UCC is 4 years, so you really need to get dates.
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  #6  
Old 10-14-2003, 06:13 PM
kessiah
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I am looking into Att. in my area.

I did tell the CA that I had never recieved anything they didn't seem to care.

They said that they had sent out notices, but I NEVER recieved anything. And that it didn't matter because they know I am responsible for this bill.
Should I request all the original accounting?

I am currently trying to find the paper work from the insurance company or at least my acct number so I can prove that it was paid.

I don't even remember getting a statement from the insurance company saying that there was a patient responsibility.

Thank you
  #7  
Old 10-14-2003, 06:15 PM
kessiah
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Thank you Ladynred.
  #8  
Old 10-14-2003, 07:08 PM
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Join Date: Jan 2003
Location: Boca Raton, FL
Posts: 55
The court house will have a record of proof of service for the notice. Go there and ask to see your case file. It's public record. See who signed for the notice.
I had a judgement vacated because it was not served properly.
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