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If you have a debt over 8 years old and a year ago an attorney filed a judgment on that debt can they do that?
Wiki User
∙ 8y ago
Yes. The attorney can file. Of course, you can answer the summons and appear in court to request the creditor or its' attorney release the date of last activity on the account.
Information on statute of limitations (for both collection activity, judgments and credit reporting) can be found at fair-debt-collection.com
yes, depending on the debt.
yes
Wiki User
∙ 8y ago
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Can a judgment be put on your credit if the debt was part of the bankruptcy?
Not if the debt was discharged in the bankruptcy. If the judgment was on the credit report before the bankruptcy was filed and/or was discharged in the bankruptcy, the entry will still remain on the CR for seven years.
How long is a writ of execution good for?
A writ of execution is a judgment that is placed on an individual or business due to debt. A writ of execution is normally good for 10 years, and then another one needs to be filed to extend the judgment.
Can a collector who bought your account from the creditor be awarded a lawsuit judgment if the debt was included in your bankruptcy?
There is something amiss here, a debt that is discharged in bankruptcy is no longer collectible. Therefore a lawsuit could not be filed and won nor a judgment awarded to the plaintiff pertaining to such a debt. The involved party should contact the attorney that handled the bankruptcy and have the judgment voided if it is indeed invalid. It would be advisable to acertain if the debt was discharged rather than excluded from the bankruptcy or perhaps sold previous to the filing of the petition.
How do you appeal an abstract judgment if you moved out of state but a minor child accepted the summons at the old address and you were never notified?
At this point in your case, to file an appeal, you must hire an attorney and it must be filed in the court of the original case unless, the case was in a federal/Supreme court. If it was in Supreme court, you must have an attorney file a motion to move your case to the new court. If this judgment was from a collection agency, make sure you challenge the debt being owed in your appeal. This means that the debtor has to prove beyond a reasonable doubt that you owe the debt detailed in the judgment. They must provide physical evidence (the contract you signed, a detailed listing of everything you bought, all the signed receipts for everything you allegedly purchased) to obtain a valid judgment. Ask your attorney to tell you about debt validation and how to challenge a debt.
Can an attorney put a judgment lien on your home property?
If you owe a debt to an attorney a judgment lien must be obtained through a court process. If the attorney is successful, the lien will be issued and will be recorded in the land records. You will not be able to sell or mortgage your property until it is paid.
How long can a debt collector collect a debt from a judgment if you have moved to South Carolina?
In South Carolina, a debt collector has 10 years to collect a debt from a judgment. This time frame starts from when the judgment is entered. After the 10-year period, the debt may no longer be enforceable unless it is renewed through legal actions.
Can someone add a debt onto their bankruptcy even though the debt occurred before they filed for chapter 7?
You are supposed to list all of your debts. Have your attorney add it.
Can a New Jersey court levy a lien on credit card debt incurred in Pennsylvania?
Creditor lawsuits generally must be filed in the state where the debtor resides. If the debt was incurred in one state and the person moved from that state after making the contract, in some instances a suit can be filed and a judgment awarded in the state where the contract was made. In which case the judgment/lien can be filed against property where the debtor now resides.
According to a judgment you had filed against you when you settle the debt you need to get an Order to Satisfy. What is this and where can you get it?
In simple terms it is a court order that states how the debt is to be paid. Usually the order must be from the court where the judgment was awarded. The clerk of the court which granted the original judgment will be able to inform the party involved of the necessary procedures to obtain the order.
Can a judgment be filed on you in NC for credit card debt?
Yes, judgment can be obtained against any person in the US in any state for an unpaid debt. How recoverable that debt is by North Carolina law is another matter. Where you run into a problem is that the credit card company is not likely in NC, and may have other recourses to recover the debt, such as filing in their state of occupancy.
If a motion was not filed in a chapter 7 bankruptcy but the debt was charged off can the judgment be transferred when buying new property?
Bankrutpcy doesn't erase debt. It just renders it nonrecourse as to the debtor. I'm not sure what motion you are referring to, but the judgment should not attach to new property acquired.
Can a judgment be reversed if statute of limitations is up in state of NJ?
Not if the judgment was obtained before the statute of limitations for the debt expired. The statute of limitations requires that a lawsuit be filed on the claim before the limitation runs out. While it might prevent the plaintiff from getting the judgment, but it does not invalidate the judgment.
