Will a judge vacate a judgement for a past dept if I received no court date and statute of limitations has passed?

I received a judgement against me for a past debt. The debt is more than 3 years old which is the statute of limitations in my state. Also, I received a summons but it was to merely to inform me that a collection agency intended to sue me; it did not have a court date on it. I asked them approximately 3 years ago (over the phone) to prove it was my debt because I was sure this was a debt created by my ex-wife. I assumed this was another strong arm tactic by the collection agency.

Asked on August 20, 2012 under Bankruptcy Law, Oklahoma

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether or not the judge will set aside the default and default judgment against you depends upon how quickly you have moved to set the two proceedings aside and the reasons why you were defaulted. For example, was there some inadvertence, excusable neglct or mistake on your part? If you do not have an attorney to assist you in your matter, I suggest that you consult with one immediately.


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