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  #1  
Old 08-19-2007, 09:03 PM
Junior Member
 
Join Date: Aug 2007
Posts: 2

Judgment from Massachusetts


What is the name of your state? NH

I am previously from Mass though, moved to NH in 1998.

In 1992, I took out a loan for about $2000 from a financial company,
and didnt pay.(typical messed up story, but I take full responsibilty).

As I stated, I moved to NH in 1998, and have lived here
ever since.

I just checked my credit reports, all three, and only one has this
judgment on it, by a debt collector agency called
Norfolk Financial Services. They were recently
in the Boston Globe series, titled, Debtor's Hell.

In fact the owner was disbarred for 8 years.

Now, if the loan was taken out in 1992, why was there a
judgment placed in August of 2001?, as I thought
the statute of limitations was 6 years. Do I go by
the Mass SOL or NH SOL, because this is where I live now?

I guess my point is that When they did this hearing, I was living
in another state, and didnt know about the summons. I was
never notified. If they had checked my credit record, they would
have seen my most recent address, and it wasn't in Mass.

This company has now moved to RI, and now I dont know what
to do.

Im not disputing what I owe, mind you, just the judgment and
lack of notification.

Can anyone give any advice?

Thanks so much.

Sincerely
CindiWhat is the name of your state?
  #2  
Old 08-20-2007, 12:33 PM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Quote:
Now, if the loan was taken out in 1992, why was there a judgment placed in August of 2001?, as I thought the statute of limitations was 6 years.
It is, but the SOL does not PREVENT a lawsuit, it is an affirmative defense once you are sued. If you didn't go to court or respond to the complaint using the SOL affirmative defense, then you lost right then and there. The SOL is a use it or lose it defense.

Quote:
I was living in another state, and didnt know about the summons. I was never notified. If they had checked my credit record, they would have seen my most recent address, and it wasn't in Mass.
They sued using the 'last known address', which is typical. The question then becomes DID they KNOW you weren't in MA when they sued. DID they pull your credit prior to suing where you could easily assume that they had your NH address. Unfortunately, any inquiries on your reports from that far back are long gone unless you have copies of your credit reports.

You can try to get the judgment vacated, but it's not an easy battle to win. Get a copy of the judgment case file and find out exactly when, where, how and to whom the summons was served.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #3  
Old 08-21-2007, 06:01 AM
Junior Member
 
Join Date: Aug 2007
Posts: 2

One more Question


Thank you for your prompt reply. I understand what you are saying.
I will do this.

Just two more things..

Ive looked over the Mass codes and am unable to find out if I set up
payment arrangements with a creditor, then will it start the SOL all over again
in Mass? Ive looked and googled everywhere, cant find the info.

Also, this guy who owns Norfolk Financial, he moved his business to RI because the
Atty General of Mass insisted he become licensed and the guy didnt want to..
Daniel Goldstone.

Now, can this gentlemen come into a masschusetts courtroom and enforce the judgment,if
he is not licensed per Mass Law?

Im just curious.

Thank you for your efforts, you do a great service. :-)
  #4  
Old 08-21-2007, 09:39 AM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
In most states, any time you make a payment you reset the SOL. In a few states, if you make a payment after the SOL has already expired, then the SOL is not reset unless you have a new WRITTEN agreement to pay.

Quote:
Now, can this gentlemen come into a masschusetts courtroom and enforce the judgment,if he is not licensed per Mass Law?
He can't, but he'll farm the task out to a MA lawyer who can. That's how they work.

Ugghh.. Goldstone... what a sleazebag !
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
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