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Does anybody know the statue of limitations in NY about havig a judgement reopened??
I have a judgement on my report for an old private student loan, but I was never served, ever. Nor was anybody else.
I would like to have it reopened, and fight it.
Thanks.[/b][/u]
The Statute of limitation in New York is 6 years for all types of debt. Now, if there is already a judgment against you, it cannot be removed from your credit report before 7 years. This is because, when the judgment was brought, the sol on the debt was not expired and so the creditor was able to bring the judgment. However, if SOL had expired before the judgment was brought against you, it can be removed from your report.
What about the fact that he was never served a summons or made aware of the judgement? Doesn't he have some kind of rights in that area?
Adam, how old is this student loan? If it is near the fall off point then of 7 years it may just fall off on its own without you having to do anything.
The loan was about 7 years at the time it was brought to the local court. I, nor anybody else, was ever served to appear in court for this. I believe that it might have been tried to be served a couple times but they were not successful. the SOL was about to go up probably and they just filed it. How can they file it without serving me or my co-signer??
Any help would be greatly appreciated...please..
Thanks
If your last payment had been six years and six months at the time the judgment was brought against you, then the judgment can be vacated. Moreover, neither you nor the co-signer was summoned to the court and so it was a default judgment. You should visit the court from where you got the judgment and file a motion to vacate the judgment. Mention that you were not been summoned and the judgment was a default one.
Adam, You need to see if the original creditor is listed on your credit report or do you have an old copy of your report to show when the last payment was made on that account? If you could prove that the debt was past the statute of limitations and you were never served the summons you may be able to get this straightened out. It is DEFINATELY worth a try. Judgements as I said before in your state can last up to 14 years. Now you had to be delinquent on the loan payments for 6 years at the time they filed so dates are very important.