Legal Question in Credit and Debt Law in Missouri
collection groups
I was taken to court (small claims) and had a judgement against me to pay it back in Oct. 1992 . It is now off my credit and I have never paid it. On Jan 2007 I get a suprise phone call from a collection company stating I need to pay this bill . My question is it has been 15 years how long do collectors who have bought this from the original creditor have to keep insisting that I pay this debt?
2 Answers from Attorneys
Re: collection groups
A judgment is only valid for 10 years. If the creditor did not revive it in circuit court, then the judgment is presumed satisfied. Collection of a judgment that is presumed satisfied would be an abuse of process and likely would be consumer fraud. I would suggest contacting a lawyer.
Re: collection groups
It sounds like you might be O.K. We don't know whether the judgment against you was transcribed to the circuit court or not. If so, the judgment would be good for ten years, and the creditor could revive the judgment within that time period for a sucessive ten year period, and so on. However, if the judgment creditor did not take the proper steps, then the judgment may have expired so that the person who is attempting to collect upon it is actually violating the law and opening up the possibiolity that you could sue them! If I were you I would consult with an attorney.