2 responses

  1. Aaron /Alabama
    March 1, 2016

    In June 2003, I lost my job. I was out of work until Oct. 2004. during that time I fell behind my payments. (except home). During the next two or three years I settled all of the debts except one, Providian. I never received a bill or contact from them. Honestly.

    In 2012, my wife lost her job, so again we fell behind our obligations. We tried to apply for HARP to lower our house payments, we found out there was a judgment lien placed against our home. It was placed on our home in 2007.

    Well, we lost our home in foreclosure. It was finalized two years ago, completely paid in full. Now I am starting to received bills on that Providian account again from Stellar Recovery.

    Is the judgement lien still valid or are they trying to start over again? Does the SOL still apply?

    Reply

    • John Watts
      March 1, 2016

      Aaron,

      It sounds like there was a judgment against you in 2007. The critical question is “Were you served?” The court records will show how you were supposedly served. Could be by certified mail, being handed the papers personally, the lawsuit papers handed to your wife, etc.

      That’s the starting point.

      If you were served, then the judgment will be valid. The statute of limitation (SOL) only applies to suing you. Not collecting on a judgment.

      BUT if you were NOT served, then the judgment can be attacked.

      If you can show you were not served (and we can talk you through this), then the judgment can be set aside. The lawsuit is still there but the Plaintiff (whoever sued you) is going to have to show that you owe the money and owe them. I don’t know if it was Providian or Chase who sued you or if a debt buyer. I would guess a debt buyer.

      Here are some thoughts for you on showing that you were not served:

      1. Find out the date of the alleged service.
      2. Then the location of the alleged service.
      3. See if you were in that location on the date. For example, it shows you being served at 123 Main Street on 1-1-07 but you had moved from 123 Main Street in 2005. And you were out of town on business over New Years day on 2007. Or you were in the hospital, etc.
      4. Find any evidence to support that you were not served — receipts, calendars, leases/mortgages, etc.

      We can talk about this to make it make more sense — usually there is a way to show that it was impossible to be served. Or we just had one where the certified mail said un-deliverable but the court still entered a judgment.

      Now as far as the foreclosure — that likely paid the judgment but perhaps it did not. If it paid it, then there is nothing to collect by Stellar Recovery.

      If it did not pay, then we need to figure out if we can attack the judgment.

      I believe you live in Alabama (all the above is based on Alabama law) — here is my suggestion:

      **Call us at 205-879-2447 and ask for Carolyn — she can look up the lawsuit (helpful if you have a case number but even if not she can find it). She’ll see if it is on the computer records about the service date/etc.

      **She’ll set us up a phone call and we can go over your options and the pros/cons of each option.

      **Send us any bills or collection notices from anyone related to this — including Stellar Recovery.

      **Pull your credit reports (www.AnnualCreditReport.com) and save your reports to PDF and send to us. We want to see if anyone is reporting the debt or pulling your credit reports related to the debt. And if the judgment is showing up on your reports. Save the entire reports and send to us — we’ll look through them with you.

      So give us a call at 205-879-2447 and we’ll be happy to help you.

      Talk soon.

      John Watts

      Reply

Leave a Reply

 

 

 

Back to top
mobile desktop