Limitations and HELP

[katie001]

I had a judgement against me in 2005 and after disputing it, there was no further activity including no validation of the debt for 1 year from the debt collectors. The court then sent me a date for jugdement dismissal and unfortunately on the day of the hearing the file was not pulled so thus the judge said to wait for his descision in the mail. after the 30 days had passed, I contacted the court and the cleck of the court nad have now been informed that it is set for a hearing.
1) where can I find info regarding the limitation on a judgement? On the dismissal hearing the judge said that if 12 months passed and no activity passed it is dismissed. Is this the discrescion of thr court or a limitation by law (fl )
2) is a credit card an open account thus a 4 yr limitaion or does it fall under a judgement which has a 5 yr limitation????
thanks for your help

Katie

 

[seniorjudge]

A dismissal of a judgment may or may not signal the end of the debt.

You need to go to the courthouse and ask for a full photocopy of your file.

Post back with what you find.

 

[seniorjudge]

Standard answer on expired SOL (statute of limitation) and/or validation and/or dispute letters. There are thousands of posts similar to yours on this forum so I have prepared a standard answer.

Validation letters:

http://forum.freeadvice.com/showthread.php?t=353111

SOL (Statutes of limitation are DEFENSES to lawsuits; they do NOT provide a method to stop someone from suing you. This defense means when they sue you, you answer with the defense that it is barred by the SOL.)

http://www.bcsalliance.com/y_debt_sol.html

http://www.fair-debt-collection.com/Disputing_Collections/SoL-dispute-letter.html


Validation letter samples you can get at :
www.creditinfocenter.com
and www.creditboards.com

Make sure you ask for VALIDATION (and do not accept verification).


Disputes: You can write a letter of dispute to the three credit reporting agencies.

Go this website to find instructions and samples for how to dispute: http://www.creditinfocenter.com/creditreports/

Sometimes errors are easy to remove and sometimes they stick like glue. It is inexpensive to try and not difficult.

I am NOT a creditor-debtor lawyer; stand by for further help.

I am NOT vouching for the accuracy of these websites!

Debt settlement:

http://forum.freeadvice.com/showthread.php?t=293829

 

[katie001]

Thank you for your responses.
I was mistaken in what I understood.
1) the document was a 'complaint' and not a 'judgement' ( I mixed what I was served vs 'the motions for summary judgement'. ) But from what I understand the FL law allows a 60 day period after issuing a notice for dismissal for lack of prosecution for the plaintiff to continue the case/ file etc. This is what confused me - I thought that after 12 months a case can automatically be dismissed by the courts due to inactivity.
2) for SOL, if from the time you are served to the first hearing the SOL have run is this valid?
Katie

 

[seniorjudge]

Check with the sources I gave you above for SOL questions.

But, according to your post, this could be refiled any time.

 

[katie001]

Thank you for your time and valuable help. I really apreaciate it.
Katie