I am inquiring about the statute of limitations on a judgment. I had a collection company call me today about a judgment for...

Full question:

I am inquiring about the statute of limitations on a judgment. I had a collection company call me today about a judgment for a Sears credit card of which I had no knowledge. It is not on my credit report at all. They said that they bought the "bad debt" from Sears and they are now collecting on it. They said the judgment was entered in 1999, so it is 8 years old. I told them that I have never received one piece of mail or a phone call regarding this matter until now. They told me that if I do not pay it (its about $3000.00 and earning interest) that they will put a lien on my house. Can they do this? At the moment I am unemployed and my husband is the only one working and we are just making it. What should I do about this?

Answer:

You might consider asking for a copy of the judgment to make sure that they have not got your name mixed up with someone else’s and to make sure that the collection agency is legitimate. Section 2A: 14-5 of the New Jersey Code states:
A judgment in any court of record in this state may be revived by proper proceedings or an action at law may be commenced thereon within 20 years next after the date thereof, but not thereafter. An action may be commenced on a judgment obtained in any other state or country within 20 years next after the date thereof or within the period in which a like action might be brought thereon in that state or country, whichever period is shorter, but not thereafter.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, acknowledging a debt can reset the statute of limitations. In New Jersey, if you acknowledge the debt or make a payment, the clock may restart, giving the creditor more time to take legal action. This means that the time period for enforcing the judgment could begin anew. Always consult with a legal professional before making any acknowledgment or payment to understand your rights and obligations. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*