Quote:
Originally Posted by Pale Rider
1 The SOL is found in your state statutes. Can you tell us what state you are in? Is it same state before you left country? How long were you gone.
You may not have any property now, but if you open a bank account and they find it, they may be able to take all the money from the account. Also, if your state allows wage garnishment, they may be able to try for their money that way if they find your employer. If you were never served, I would try to vacate the judgment, then if the account is past SOL use that as a defense if they come back.
2 It appears the account defaulted and never recovered in June 2004. Some sates have a 3 year SOL, so it is possible you are past that. Again what state are you in?
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1. I am and was in California. I was gone since Oct 2003 to Nov 2007 (now) and I made a brief month trip last year in Jan-Feb 2007
Does the judgment lien not preclude wage garnishment or bank levy? Can someone get served in the mail or does it have to be in person? I do not have any track of the mail that could have come in the past 4 years that i was away.
2. What implications does passing the SOL have on this account? Do you mean I would not have to do anything about it now and it will still go off record anyway after the SOL is passed? Now, I'm confused as to whether I should approach them with this settlement offer and talk to them about the payment or not and what implications that will have on the CR. It says the 16th of Dec is the date by which he should receive the payment (and I do plan to send a money order or a banker's check like you said; though I have a bank account - thanks for clarifying that). Do you think I will be able to call him, get an agreement written and send the money all before then? It's weekend now and no one is picking up.
Does the SOL extend if I make a payment or offer in the state of California?