So Overwhelmed said:
Please help! I need advice badly. Here is my story. California. When I was 17 years old I rented my first apartment with a friend (Judy). When we were signing the lease agreement the leasing agent noticed that I was not yet 18 and would not let us continue the lease signing process until we had a co-signer because I was under age. Judy's mother co-signed for us. Six months later I moved aout of state to attend my freshman year of college. Judy remained in the apartment and rented my room out. Six years later I learned of a judgment on me when I ran my credit report. Apparently Judy and her new roommate were evicted a few months after I moved to Florida. I had no Idea this happened and was never served with any papers. This judgement has ruined my credit score for the last 19 yrs and is from $3000.00 to $9,700.00 because of the interest. I have tried pleading my case to the Attorneys collections department and the property management company and have reached a dead end. Is there anything I can do to have this judgeent recalled? Because I was under age? or was never served? I have also tried for years to locate Judy and her mother with no success. Can anyone help me. How long can this judgement continue to be reported on my credit report? Thanks for any advice!!!!!!!
Well first of all the statue of limitations is 4years on a contract in CAL.
STATE: CALIFORNIA
Interest Rate
Legal: 10%
Judgment: 10% (Unless otherwise contracted)
STATUTE OF LIMITATIONS (IN YEARS)
Open Account: 2 (no writing)
Open Account: 4 (reduced to writing)
Written Contract: 4
Domestic Judgment: 10 (renewable at 10)
Foreign Judgment: 10 (commencing with judgment debtor's commencement of CA residence.)
What does all this mean... you ask? Well the debt is not enforceable anymore by suit. It could not damaged your credit for 19 years because it can only remain on your report 7 years and that begains 180 days from the date of last activity. so....180 days from the day that judgement was ordered against you. IF you want you can Vacate the judgment by showing the court that service was never processed (meaning you were never served) but to tell you the truth Your already in the clear.
If it is on your credit report dispute it with Experian, Equifax and Transunion. If its not....it never will be again.
If you dispute the debt and it remains on your report you might have a suit against the Collection agency. Just make sure you have your dates right. You can email me if you need more info. I am not an attorney but I am a debt advisor and have spent over 6 years dealing with collection agencies who break the law. If you want to know the laws pertaining to collection and credit you need to study the FDCPA and the FCRA.
Good luck.
