Collection of 15 year old debt

[dalucius]

What is the name of your state? Illinois

I received a phone from a collection/attorney office from California who is trying to collect on a debt that is 15 years old. Is this possible?

I called the court house and they pulled the file. I was told that they have proof of service from July 1998 by mail. I have not lived at the address for 8 years when they sent the mailing and I moved to Illinois March of 1998.

[Debt Guy]

Is it possible?

Yes.

Is it legal?

Probably.

You only said you live in Illinois. You did not say what state you were sued in. The implication is that you used to live somewhere else and were sued in that jurisdiction. That may or may not be a valid lawsuit depending upon the laws of the state in which you were sued.

If you called the courthouse and they said they pulled the file and show proof of service, then the judge was satisifed of the legitimacy of the judgment.

You should go to the courthouse and ask to look at the file yourself. Look at the proof of service. If you are not satisfied, you can file to have the judgment vacated for improper service.

You will need to do some research on your state's laws regarding service. Some states allow service by mail to the last known address. Some states allow service by a legal notice published in the newspaper. Some states allow service by a notice posted on the front door of the last known address. Some states require a document to be put in your hands. The point is that you will need to know what your state's requirements are. The court clerk might be able to answer this question -- but, keep in mind you got some $9 an hour person giving you answers to legal questions and it may or may not be correct.

Assuming that you cannot get the judgment vacated, then you may be up the proverbial excrement creek without a source of propulsion. Judgments generally have very long lives and can be renewed. Again, check your states laws for the life of a judgment and the renewal options.

Maybe you just make a deal with the collection attorney to make this all go away?

[Ladynred]

Ok, I'm confused. You say this debt is 15 years old, yet you mention a proof of service from 1998, which says you were sued in 1998, presumably in CA.

If you were sued in CA in 1998, the judgment is good for a minumum of 10 years, more if its renewed after that.

If you've been sued, then it makes no difference when you last paid the original creditor, even if it was past the SOL in 1998, it matters not, the judgment is there and presumably valid.

If this judgment was rendered in 1998, it is VERY doubful you can challenge the judgment thru claiming improper service NOW. CA law only allows you 6 MONTHS to challenge a judgment, you're WAY past that.

If the judgment was rendered in CA, then they cannot enforce collection of it in IL w/o first MOVING it to IL.