Expert: Creditwrench - 6/27/2008

Question
I have been pestered by a collection agency for a debt I believe is beyond the statute of limitations. I live in Massachusetts and the debt was dropped from my Credit Report in October, 2007. I am the sole caretaker for my daughter who is paralyzed from the waist down, has a seizure disorder, mental retardation, bipolar disorder and other diagnoses. I have filed a motion to vacate a default judgment since I was not able to find someone to care for my daughter on the previous court date. I obviously don't know if at the next hearing the motion will be vacated. My question is: I never did a debt validation since I am pretty ignorant about the process. Since I feel the debt is past the statue of limitations, is it too late to ask for a debt validation before the hearing of the motion to vacate? I am unable to work because of my daughter's condition and my only income is child support. I have 2007 wheelchair van that was gifted to me by a friend
(her husband received a van from a fundraiser and died shortly thereafter). After I received the van, two months later it was totaled by an electrical fire. The settlement was for about $35,000 and it took several months before I could purchase a new wheelchair van. I now have had the van for 2 months. Can they come after my wheelchair van? I have no other assets.
Thank you for your help!

Answer
You are in deep trouble for many reasons. First of all you live in Mass and that is a very bad state to live in when it comes to legal matters.

Secondly the statute of limitations would not be a reason to vacate the judgment. You have to argue that at the initial hearing but once judgment is entered you can't argue that anymore, and certainly not in a
motion to vacate. On the other hand, if the motion for default judgment was first filed less that a year ago you may have a federal case for misrepresenting the legal status of the debt.

Your daughter's condition is not going to carry any weight with the court when it comes to vacating the judgment. If the judge chooses to do so he can grant a new hearing but I have my doubts he will do that.

In most states they cannot take your only means of transportation but Mass. is famous for doing just that. On the other hand there have been some changes in the laws in Mass recently and they may have changed that so they can't come after your only vehicles. I don't know about that.

There may be other reasons to vacate the judgment but the fact that you missed the hearing because you couldn't find a caretaker for your daughter isn't likely to get you a new hearing. About the only way that can happen is if the plaintiff's lawyer will agree to it.

Demand for debt validation will also be likely to fall on deaf ears.

You need some workable solutions to your problem.

Bill Bauer
405-684-9297
405-227-9423

RECOMMENDED READING:
www.creditwrench.com/howjudgmentswork.html
www.creditwrench.com/18questions.html
www.creditwrench.com/Howtodefeatdebtcollectors
www.creditwrench.com/objections.html

How to set up your hard drive for creditwrench files. Makes them easy to find.
http://consumers.creditwrench.com/sh...=7351#post7351
The Creditwrench conference calls will start this coming Friday evening at 7 P.M. Central time. It is free and open to the public. There is no cost or obligation other than what it may cost you for the phone call itself. You can join in and ask questions or just listen or whatever you want to do.

Dial-in Number: (712) 432-1601
Access code: 508548#

You might also want to visit our message forum at http://consumers.creditwrench.com to get answers to questions you need answered before next Friday night.

If you live within driving distance of Oklahoma City you can also come to our monthly meeting of the Oklahoma City Chapter of Jurisdictionary meetings. They are held on the 2nd Thursday of each month at Coit's Root Beer Stand which is located on the corner of SW 24th & Western Ave in Oklahoma City. The meetings start promptly at 7:00 P.M. and last for 2 hours. Attendees usually arrive about half an hour early so they can enjoy a good meal at Coit's Root Beer Stand. The meetings are free and open to the public and we can discuss your problems as well if you like.

We are going to start holding mock trials so that you can learn some court room procedures.