Forums
Hi all,
After checking my credit report, I learned that I have been sued by a creditor in 2006 and the judgment had been awarded. I had no idea that I was being sued. Also the creditor sued me in a wrong county. Isn't this required under the Fair Debt Collections Practices Act?
I would like this judgment to be overturned. Do I have grounds?
The last payment was made to this creditor back in Jan2003. Has the statute of limitations expired in VA?
Thank you for your help in advance.
not aware of judgment
Hi Ardel,
Find out from the court files as to why were you served in the wrong county. You can file a motion to vacate the judgment as you were not served with court papers. Moreover, you were served in the wrong county. Thus, this case can get dismissed too. You need to bring this to the notice of the judge. I think it is better to take help from an attorney.
As for the Statute of Limitations (SOL), it is 3 years for credit card debts. You have said that you were sued in 2006 and the last payment was made in 2003, Jan. So, can you tell the month when you were sued. If it was after January, then too the case should be dismissed on the basis of expired statute.
Thanks,
Aaron
not aware of judgment
Hi,
If you were not aware of this judgment and if you were not served, you can file the motion to vacate this judgment within 180 days from the date of discovery of the judgment by you.
Thanks