judgment

[lb0324]

What is the name of your state? Pennsylvania
I received a civil complaint today for judgment. I want to settle out this debtor, however, when I called the attorney who filed the complaint, I found that I have some issues:
1 - They are telling me the judgement amount was filed wrong. The amount on the paper is $5409.95 they are telling me I owe $7242.70. They just filed 11/21. They didn't know it was wrong until I called them. Anything I can do about this.
2 - Account was charged off May 2003, judgment states interest of 18% since 2/2002. Is that correct, to go back to 2002 when the account wasn't charged off yet?
3 - I stopped making payments on this debt in 2001. Then it was turned over to this attorney's office. I have been reading some of the postings about SOL. How can I get information on that or know what date to use to know when the SOL is up. Also I was in a debt management from 9/2004 to 5/2005, that was paying the attorneys office, not sure if that matters.

Any help on these questions, I would greatly appreciate it.

[Chien]

They are telling me the judgement amount was filed wrong. The amount on the paper is $5409.95 they are telling me I owe $7242.70. They just filed 11/21. They didn't know it was wrong until I called them. Anything I can do about this.

You can try to settle for the amount filed or any other figure that's acceptable. If they choose, they can amend the Complaint and increase the figure. If they do, they must serve you again.

Account was charged off May 2003, judgment states interest of 18% since 2/2002. Is that correct, to go back to 2002 when the account wasn't charged off yet?

Yes. Especially when you say you stopped paying in 2001.

I have been reading some of the postings about SOL. How can I get information on that or know what date to use to know when the SOL is up.

The SOL in your state is 6 years for this type of obligation. Nothing in your post suggests that you're close to that. On the other hand, once the Complaint was filed, the Statute was tolled. They'll have a judgment without it being a consideration.

[zippysgoddess]

That statute of limitations IS NOT tolled on a judgment in PA, it just changes to a longer period of time, and a new count begins from the date the judgment was awarded!!

In PA, a judgment is good for 5 years, and can be renewed if properly filed, for another 5 years.

[url]http://www.carreonandassociates.com/articles/statute.htm#Pennsylvania[/url]

And the original SOL in PA for this type of debt was changed several years ago, if you check out the above link, to 4 years.

Chien, are you looking at an old site? I was doing that before, until I was directed to a correct, and up to date one. The above link has the most current information, and is updated regularly.

In PA now, all debts have an SOL of 4 years, until a judgment is awarded, then the number of years that judgment is good for, depends on the type of judgment.

[Chien]

Thank you, zippysgoddess. I'll use your link and triple check my sources.

Were you also saying the 4-year SOL wasn't tolled when the Complaint was filed?

[zippysgoddess]

No, you are corrrect there, it does stop counting once they have filed the suit, and the new count would start once the judgment has been issued.

So in other words, if they filed the suit two days before the SOL is up, then it doesn't matter, they can still sue, that deadline no longer means anything.