Is it worth trying to vacate a judgment now after 6 years?

[thinktank3000]

What is the name of your state (only U.S. law)? Pennsylvania

I have 2 judgments from credit card debts. I want to vacate the judgments on grounds that the debt was beyond the statute of limitations at the time they ruled the judgments against me. However, a lawyer told me that you only have 10 days from the date of the ruling to raise a defense. Is this accurate? Is it worth trying to vacate the judgments now, since it has been over 6 years since the last activity on the judgments?

thanks.

 

[Zigner]

What is the name of your state (only U.S. law)? Pennsylvania

I have 2 judgments from credit card debts. I want to vacate the judgments on grounds that the debt was beyond the statute of limitations when they ruled the judgments against me. I wish i had defended myself back then but I was young, naive, and uninformed at that time so I did not realize the consequences of everything that happened. So I want vacate the judgments since I'm sure the debt was beyond the SOL at the time of ruling. However, a lawyer told me that you only have 10 days from the date of the ruling to raise a defense. Is it worth trying to vacate the judgments now, since it has been over 6 years since the last activity on the judgments?

thanks.

No, that is not a valid reason to vacate a judgment.

 

[thinktank3000]

when is it valid to vacate a judgement?

 

[Zigner]

when is it valid to vacate a judgement?

Generally, if there was improper service is a common reason. Simply ignoring the matter doesn't mean you can have it vacated. Pay what you owe.

 

[Just Blue]

What is the name of your state (only U.S. law)? Pennsylvania

I have 2 judgments from credit card debts. I want to vacate the judgments on grounds that the debt was beyond the statute of limitations at the time they ruled the judgments against me. However, a lawyer told me that you only have 10 days from the date of the ruling to raise a defense. Is this accurate? Is it worth trying to vacate the judgments now, since it has been over 6 years since the last activity on the judgments?

thanks.

I know this may seem rather strange...But how about you just pay the $$ you owe??

 

[Zigner]

I know this may seem rather strange...But how about you just pay the $$ you owe??

Shush now, that's no help.

 

[Just Blue]

Shush now, that's no help.

Yeah..I guess I am just ol' skool.

 

[thinktank3000]

Generally, if there was improper service is a common reason. Simply ignoring the matter doesn't mean you can have it vacated. Pay what you owe.

What constitutes improper service?

 

[Zigner]

Why did you edit your post to remove the part that showed that you simply ignored this previously?

 

[Mark Maroon]

What is the name of your state (only U.S. law)? Pennsylvania
I have 2 judgments from credit card debts. I want to vacate the judgments on grounds that the debt was beyond the statute of limitations at the time they ruled the judgments against me. However, a lawyer told me that you only have 10 days from the date of the ruling to raise a defense. Is this accurate? Is it worth trying to vacate the judgments now, since it has been over 6 years since the last activity on the judgments?
thanks.

I think you have gotten really good advice thus far. Your only legal recourse at this point would be to file a motion to strike or open the default judgment, and the only way that motion would be granted would be if you could allege and convince the court that you were not properly served. Service in PA can be complicated. Since you have already talked with a lawyer, I suggest you ask them if they think you were properly served. If you want to make that assessment by yourself, then first you need to look at the documents in the court docket to see how they allege you were served. Then compare that with the PA rules of civil procedure for service

http://www.pacode.com/secure/data/231/chapter400/chap400toc.html

 

[Proserpina]

This isn't exactly going to help; ignorance is no defense.

I wish i had defended myself back then but I was young, naive, and uninformed at that time so I did not realize the consequences of everything that happened

Before we go further, why do you believe the SOL had passed?

 

[thinktank3000]

This isn't exactly going to help; ignorance is no defense.



Before we go further, why do you believe the SOL had passed?

I am not using ignorance as a defense. I am simply stating that the debt must have been beyond the statute of limitations on the date the judgement was ruled against me and according to the law a creditor can't sue you if the debt is beyond the SOL. That is my defense. but it seems from what you guys are saying that i cant vacate the judgement on that grounds. I don't see why not.

I believe it was beyond the SOL at the time of the ruling because I know these are very old debts.

I still don't understand what "properly served" means. what does it mean to be served properly in the judgement case?

 

[single317dad]

http://www.pacode.com/secure/data/231/chapter400/chap400toc.html

 

[thinktank3000]

http://www.pacode.com/secure/data/231/chapter400/chap400toc.html

I looked at that and all of that is too much for me. I think I need to talk to a competent lawyer.

 

[Proserpina]

I am not using ignorance as a defense. I am simply stating that the debt must have been beyond the statute of limitations on the date the judgement was ruled against me and according to the law a creditor can't sue you if the debt is beyond the SOL. That is my defense. but it seems from what you guys are saying that i cant vacate the judgement on that grounds. I don't see why not.

I believe it was beyond the SOL at the time of the ruling because I know these are very old debts.

I still don't understand what "properly served" means. what does it mean to be served properly in the judgement case?

Right, I understand that - but what you think may not reflect the actual reality.

If you're sued, you actually have to raise the SOL yourself. It's not automatic and the court won't do it for you.

Proper service = the creditor has served you in accordance with the law. You may be served in person or, eventually, by publication. That's why you needed to look at what PA requires.

Tell us which bit you don't understand and we can try to help you further.