Here's the particulars, and thanks in advance for any assistance or advice offered:
My wife stopped paying a creditcard company on a $15,000 balance over a dispute regarding several thousand dollars in charges.
The company "charged off" this account. A 3rd party purchased the account, and sued us for the balance in December of 2002/January 2004. We were not served (oe were improperly served, I guess) , and had not been living at the location where they claimed to have served us for several months. We have utility bills and other documentation atesting to this. (We know that the property had been rented to another individual, with whom we are not aquainted) In short, the process server committed perjury. As such, we were unaware of the suit or default judgement.
We were just recently made aware of the suit/judgement, when it appeared on my wife's credit statement.
Given that process was not served - or not served correctly - we intend to file to have the default judgement vacated. (My understanding is that we have up to 180 days from the time we became aware of the judgement to do .)
We stopped payments in 2002, the statute of limitations would have passed by now, regarding the ability of the company to sue for this debt.
HERE's the rub: Does having the judgement vacated in any way "reset" the statute of limitations?[/B]
As this is my first post in this forum, I doubly appreciate any thouthful replies or advice.
My wife stopped paying a creditcard company on a $15,000 balance over a dispute regarding several thousand dollars in charges.
The company "charged off" this account. A 3rd party purchased the account, and sued us for the balance in December of 2002/January 2004. We were not served (oe were improperly served, I guess) , and had not been living at the location where they claimed to have served us for several months. We have utility bills and other documentation atesting to this. (We know that the property had been rented to another individual, with whom we are not aquainted) In short, the process server committed perjury. As such, we were unaware of the suit or default judgement.
We were just recently made aware of the suit/judgement, when it appeared on my wife's credit statement.
Given that process was not served - or not served correctly - we intend to file to have the default judgement vacated. (My understanding is that we have up to 180 days from the time we became aware of the judgement to do .)
We stopped payments in 2002, the statute of limitations would have passed by now, regarding the ability of the company to sue for this debt.
HERE's the rub: Does having the judgement vacated in any way "reset" the statute of limitations?[/B]
As this is my first post in this forum, I doubly appreciate any thouthful replies or advice.