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Can I file a motion to quash a default judgment in ...
Sent to Legal Experts January 11 02:08 PM

Can I file a motion to quash a default judgment in Arizona when the statue of limitation to collect the debt has expired?

 

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Phoenix, Arizona

Customer (name blocked for privacy)
Status:  Closed   Value: $9
Answer
January 11 5:59 PM (3 hours and 50 minutes and 40 seconds later)
         
ACCEPTEDCheck Mark
Hello,

No, as this is an affirmative defense that needed to be raised at the time of the complaint.

If you do not exercise that defense at the time, it is deemed to have been waived.

Sorry for the bad news.

Good luck.




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Reply
January 11 7:18 PM (1 hour and 19 minutes and 17 seconds later)
         
Reply to Flagbridge-ADR's Post: This was a "Scavenger Collection" and the Plaintiff did not disclose the timeframe of the debt to the Court. Can a Motion to Vacate the Judgement be filed based on the fact that complete disclosure was not given to the court in the initial filing? I appreciate your help on this. I am totally at a loss on why I have to pay a debt that I believe to be Identity theft.
Customer (name blocked for privacy)
Info Request
January 11 7:39 PM (20 minutes and 40 seconds later)
         
Hello,

Did you respond to the original complaint?

What was your answer in the original complaint?

Cheers



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