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LADY LAWYER
LADY LAWYER, Lawyer
Category: Consumer Protection Law
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Experience:  Consumer Lawyer
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If a collection agency gets a judgement against me, does it

Resolved Question:

If a collection agency gets a judgement against me, does it go away once the S.O.L. expires?
Submitted: 5 years ago.
Category: Consumer Protection Law
Expert:  LADY LAWYER replied 5 years ago.

LADY LAWYER :

Hello!

LADY LAWYER :

A judgment in CA has a ten year SOL but it can be renewed by the judgment creditor for another 10 years as long as they do it in the first 10 year period. So the SOL may not expire for 20 years on the judgment.

LADY LAWYER :

A judgment's SOL is different from an SOL on the length of time a creditor actually has to sue.

LADY LAWYER :

I just want to take the opportunity to thank you for being such a valued customer here. We really appreciate your business! :)

Customer:

So eventhough the S.O.L on a debt expired, if the collection agency gets a judgement against you, they can still collect on the debt?

LADY LAWYER :

Well, you asked about the SOL after a judgment was obtained. Do you mean to ask whether the creditor was able to get a judgment in the first place against you if the SOL on the debt had already expired by the time they sued you?

LADY LAWYER :

You still with me?

LADY LAWYER :

In case you stepped away, I am just going to answer what I think may be your actual question. The answer is technically, yes, a creditor can still sue you if the SOL has expired on a debt BUT you can get the lawsuit dismissed and ask for monetary sanctions against them for suing you on an expired debt in the first place. You must go to court to defend yourself and show the judge that the SOL has already run out. Otherwise, if you are not there, the creditor can just get a default judgment against you. It is not the court's responsibility to check to see if the SOL is expired; it is the defendant's responsibility to bring it to the court's attention. That is why it is so importnant that one never ignore a summons and complaint. If a judgment has been entered against you, you can still petition the court to vacate and set aside the default judgment. If your request is granted, then you will have an opportunity to tell or show the court that the SOL has already passed on this debt.

LADY LAWYER :

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Customer:

Say that the S.O.L. has not expired and they get a judgement against me, but the S.O.L expires soon after they get the judgement, can they still collect on the amount?

LADY LAWYER :

Yes.

LADY LAWYER :

If a judgment is obtained within the SOL in CA (4 years on credit card debt) then they are not bound by that 4 year period anymore.

LADY LAWYER :

They are now bound by a 10 year SOL on the judgment itself and then can renew that judgment for another 10 years as long as they do so within the first 10 year period.

LADY LAWYER :

So once they obtain the judgment, they have up to 20 years to try to collect on it.

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