Credit Card Debt

[heyou702]

What is the name of your state? Nevada
When I was 18 I had a credit card with Citibank with a credit limit of 600 in 2001. As time went by I defaulted on this credit card because I lost my job. In May of 2008 I received in the mail a judgement against me and that my wages were going to be garnished. I never received a summons or court date because I had moved to California in 2005. In researching this judgement I found out that a summons was left at my old address with my uncle in 2005and I never received it. I want to know if I can appeal or quash the judgement? Do I still have time because the judgement was issued on 5/6/08. I also believe status of limitations in Nevada is 6 years for debt. I also ran my credit report for all three credit agencies and the only thing that shows on 1 out of 3 reports is a Citibank credit card that was paid and closed in 11/2001 because it was stolen or lost. I believe that this collection agency Unifund CCR Partners is a collection agencies that buys delinquient accounts. I done some research on them and it isn't good. What can I do.

[Debt Guy]

I want to know if I can appeal or quash the judgement? Do I still have time because the judgement was issued on 5/6/08.

You will have to research the laws in the state in which the judgment was issued. The service may have been acceptable in that state -- or it may not. In either event, most states only allow a limited period of time to file a motion to vacate the judgment. You'll have to research and find out about the time limit. You will also have to determine the procedures for filing a motion to vacate.

I also believe status of limitations in Nevada is 6 years for debt.

That may or may not apply. When you left the old state, the SOL probably tolled (or stopped running). Moving from one state to another always complicates SOL. You will need to determine if your state "borrows" the SOL of the old state. It is not straight-forward nor simple.

Besides, a failure to assert a defense generally is not grounds for a motion to vacate. Your best bet is the lack of proper service question discussed above.

I believe that this collection agency Unifund CCR Partners is a collection agencies that buys delinquient accounts. I done some research on them and it isn't good.

Yes. They purchase delinquent accounts and sue people.

What can I do.

You have several choices.

1. Try to fight the judgment as described above. You are clearly in over you head in terms of the legal issues. You can hire an attorney or you can buckle down and start studying.

2. You can try to negotiate a settlement on the judgment.

3. You can stall until the creditor takes steps to garnish your wages or levy your bank account.


I know you are not going to want to hear this -- but here goes. This is your fault. This is what happens when you don't make sure creditors have a current address. If they had a good address on you, you would have been served correctly in the judicial district in which you lived and would have had a more rational opportunity to defend yourself. Now, you are behind the eight-ball to figure out what to do in a state far away and you are in a much more difficult position.

I don't say any of that to offend you. I say it in hopes that someone else reading this will take the lesson to heart. Nothing good ever comes from "skipping out".