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Showing results for tags 'revival'.
I got a notice of filing of foreign judgement which was filed in my current county in GA (Gwinnett). This was a judgement from 2011 when I lived in FL. The paperwork says it is a "Complaint to Revive a Dormant Judgment." I guess it became dormant in 2018, and now they want to revive it in GA because that's where I currently live? They are still within the time frame to revive it. The complaint was filed by RAS LaVrar (in FL). They sent me all this through certified mail and presented an exhibit which was just the agreed final judgment signed in 2011. The last page indicates that I have been summoned and required to file with the clerk of court and serve an answer. My question is what should I answer with? Do I have any reason to oppose the revival? Or do I let the judgment revive? Should I ask to validate the debt, which seems pointless since the judgement from FL pretty much indicated I acknowledged I owed it so I don't know if they would even need to provide that. I would prefer just to negotiate a settlement, but if I pay on this, does it suddenly get added as a negative item to my credit report? My current credit report shows no judgements, but I'm afraid if they revive this, then it will now go on my credit. Does anyone know if the judgment will now suddenly appear if it is revived? I would prefer to just pay and not have this judgement on my credit. It's about 3K. But I'm not sure if I have time to settle this before I have to answer. Not sure how to answer this summons if I can't really oppose it?
I am looking for the best way to proceed. I believe that my issue is slam dunk as the DB did not follow proper procedure to renew. DB got a Judgment 8 years ago and filed a motion to renew (just THREE days before expiration of 8 year SOL). I think I have found a major problem with their motion. The motion is two pages: first page is motion: "1. I request that the court renew the judgment in this case for the amount due on the date the new judgment is signed or the date the original judgment expired whichever is earlier. 2. I do not request a hearing. Signature" Page 2 is the certificate of service. According to statute and court rule they MUST include an accounting/original judgment order AND and affidavit. My question is on how to proceed. Here are the options I am thinking: 1) Do nothing. Court should simply deny this motion since it is insufficient. 2) After doing nothing if the court grants it, file a motion to vacate. 3) If that fails, then file an appeal. (I looked and there are no precedents about this statute) I am thinking that if I file a response opposing the motion, then they might respond with the affidavit and the court would allow the judgment. What are your thoughts on the best way to proceed? I would hope that this issue is a slam dunk and that the judge simply denies it right out. If the motion is denied then we are scot-free on this issue (it has been long enough waiting out the 8 years, they have not made any real attempts to collect, so this was a big surprise) In 2011 the Utah Legislator enacted the "Renewal of Judgment Act": 78B-6-1802. Renewal by motion. A court of record may renew a judgment issued by a court if: (1) a motion is filed within the original action; (2) the motion is filed before the statute of limitations on the original judgment expires; (3) the motion includes an affidavit that contains an accounting of the original judgment and all postjudgment payments, credits, and other adjustments which are provided for by law or are contained within the original judgment; (4) the facts in the supporting affidavit are determined by the court to be accurate and the affidavit affirms that notice was sent to the most current address known for the judgment debtor; (5) the time for responding to the motion has expired; and (6) the fee required by Subsection 78A-2-301(1)(l) has been paid to the clerk of the court. And there is Court Rule 58c to go with it: Rule 58C. Motion to renew judgment. (a) Motion. A judgment creditor may renew a judgment by filing a motion under Rule 7 in the original action before the statute of limitations on the original judgment expires. A copy of the judgment must be filed with the motion. (b) Affidavit. The motion must be supported by an affidavit: (b)(1) accounting for the original judgment and all post-judgment payments, credits, and other adjustments provided for by law or contained in the original judgment; and (b)(2) affirming that notice was sent to the most current address known for the judgment debtor, stating what efforts the creditor has made to determine whether it is the debtor’s correct address. (c) Effective date of renewed judgment. If the court grants the motion, the court will enter an order renewing the original judgment from the date of entry of the order or from the scheduled expiration date of the original judgment, whichever occurs first. The statute of limitations on the renewed judgment runs from the date the order is signed and entered.