AboutCreditwrench Expertise Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.
Experience I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.
Education/Credentials Paralegal courses for the most part. I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
Question QUESTION: Short version: Purchased a car in Georgia in 1998 or 1999, not exactly sure, of date. Had the car for only a couple of months. Couldn't make the payments. Took it back to the dealer. Moved to Arkansas. In 2001, I evidently signed a "consent judgement", for the debt, through the court system in Arkansas. Never actually went "to court", all done through the mail, I guess. Planned to try to pay debt. Divorced, lost job, hospital stays, etc. Unable to pay debt. Now it is 2009, and an attorney's office from Little Rock, AR, has called & sent letters threatening to garnish my paycheck, and all sorts of "legal action to collect this debt." Shouldn't the statute of limitations be expired?? Even though I signed a consent judgement... that was 8 years ago & no action was pursued until now. Please advise. Thanks, Cindy
ANSWER: It can be a tough question to answer. First of all, yes, there is a statute of limitations on judgments in every state but that statute is usually tolled once you leave that state and if that is true under Georgia law as it is in most states then you probably can't use a SOL defense if they come after you. It would most likely end up being a judge's call if they try to domesticate the judgment in the state you live in now. If you live in another state from the one where the judgment was entered against you then they would have to domesticate it into the state you live in now and if they do that you would have the opportunity to object to the domestication but that may or may not do you any good. It would all be up to the judge. If they do get it domesticated it will be a huge debt load you owe. Best you learn how to fight back effectively in the event that they do attempt to get it domesticated. The place to start is to examine that letter they sent you and see if it contains the full miranda disclosure statements or not. If it don't you already have a cause of action and if it does then you need to start with a demand for validation and go from there.
Above all, don't just sit there and wait for the shoe to drop.
QUESTION: original car note was in georgia. debt collection started process started a couple of years later, in arkansas. a "consent judgement" was done, in arkansas, in 2001. no attempts at collection have been made since. now, in 2009, i've received a letter stating a law firm in little rock, arkansas, now has this case and will be pursuing collection. i asked for them to send me a copy of the consent judgement, that i signed, because i didn't recall any of it (i was in an abusive marriage & trying to get out of it at the time, which i have since done. but i'm a single mom on a limited income, and cannot pay this debt.) they sent me a copy of a consent judgment, with my signature on it, dated 2001, in arkansas. again, it is now 8 years since that judgement. and 10 years since the original debt started in georgia. what can they legally do to me, NOW? thank you.
Answer I believe that it is possible that they could talk a local judge into giving them a new judgment in your home state due to the tolling of the statute of limitations while you were out of state. To fight it effectively you would have to hire a local attorney and that is likely to turn out badly as well. The next best thing for you to do is to see if you can find a local law school, go there and ask the head professor if the school has a program where advanced students will help with cases in order to gain experience. Most law schools have such programs for students to help the public. After that, your next best bet is to go to the hearing when they hold one and explain that you believe the statute of limitations has expired on them and you want the case dismissed based on the statute of limitations. Let the judge decide.
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