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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110570
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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In 2001 I lived in PA. Apparently a judgment was issued against

Customer Question

In 2001 I lived in PA. Apparently a judgment was issued against me there for a credit card or something. Years went by and I never heard anything, however, I received a letter from a Creditor demanding payment with interest etc. I sent a letter to this Creditor requesting validation of this debt and proof that the SOL hasn’t expired etc. This Creditor apparently sold or transferred the debt to another company and I received yet another letter. The same request was made and this process has continued. This is now 2013 and I live in MA. Since the judgment was filed in PA, does it fall under PA SOL or MA SOL? The judgment was never renewed and a copy sent with the demand for payment clearly states issued in 2001. By the way, the original filer of the debt has long since gone out of business. This judgment just makes its rounds to creditor to creditor being sold or transferred every time I ask for official validation. Is this a closed issue?
Submitted: 3 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am afraid that if a judgment was already issued in PA, the PA law applies (unless the credit contract specifies some other law applies) and it is not the SOL, but the limitation on judgments, which in PA would be 20 years. See: 42 Pa. C.S.A. Sec. 5529.

Thus, your only hope here is to file a motion (praecipe) to vacate the default judgment they obtained against you in the PA court. The good cause to vacate would be based on violation of your due process rights in the fact you never received proper notice of the lawsuit leading to the judgment. If the court vacates the judgment based on lack of due process and improper service, then there would be no debtor to sue you again to collect as they likely will not have the proof of the original debt required and this is how to get the judgment extinguished. However, you would need to have a consumer protection attorney in PA file the praecipe and dig up the suit information to make sure that the motion would be proper to extinguish this judgment.

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