Expert: Ontrack Financial Group llc - 5/18/2010

Question
I co-signed on a car with my ex, he defaulted and was left with a pay off balance on the car. About the same time he filed bankruptcy %26 the car was included. At the time I was living in Michigan. Here we are 15 yrs later, I am now currently living in the state of Florida. Last year I received a collection notice from a creditor here in Fl on the debt. I also noticed in the paperwork they sent me that even though the notice they sent me was my current address the one they were providing the courts was a previous address I hadn't lived at in 3 yrs. I promptly sent them a certified letter stating that this debt had been included in a bankruptcy, that the 4 year statute of limitations to collect a debt had passed for both states, %26 that they were knowingly providing the courts with false contact information %26 that under the fair debt act I demand they cease all collection attempts immediately. I never heard back from them - so my mistake - I assumed the problem was solved. Come to find out they did file a judgement against me here in Fl, I was never notified of a court date to defend myself. So my question is what can I do to remove the judgement if anything and how would I go about doing it?

Answer
Dear Rachel,


Thank you for your question.

If you cosigned for a car and only your ex file bankruptcy your now the responsible party.  If the debt is over the statue of limitations, you should motion the courts to set aside or vacate the judgment.


What's the exact date the judgment was entered against you?