I moved from New York to Virginia in May 2003. In November 2003 i was served with a summons for payment of an unpaid medical bill. Since i was not living there I never received a summons. I just found out about all this in September 2014 when they froze my bank account!!!
I now received a summons at my home in Virginia for a "notice of petition on submission" from the courts of NY.
Please tell me what can be done. Is the SOL up regarding the collection of judgements. Is it 10 years and renewed for another 10 years?
A judgment is good for 20 years. I suggest that you make a motion to vacate the default and move to dismiss based on the 6 year statute of limitations applicable to breach of contract.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
The statute of limitations for judgment enforcement in NY is 20 years. You may have a basis to vacate the judgment if it was entered on default on a jurisdictional basis for improper service. If the judgment is not vacated it will remain enforceable. It is possible that the judgment is now being domesticated in VA pursuant to the full faith and credit law.
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